Category: Rebecca Kaplan

Oakland May Name Road in Honor of Oscar Grant

Community leaders join together to endorse naming road next to the Fruitvale BART station as “Oscar Grant Way.” Shown (L to R) are: BART Board President Bevan Dufty, BART Director Lateefah Simon, Oscar Grant’s aunt Bernice Johnson, Council President Rebecca Kaplan, Oscar Grant’s mother Wanda Johnson and Cephus “Uncle Bobby” Johnson. Photo by Gene Hazzard.

 

By Post Staff

The Oakland City Coun­cil’s Life Enrichment Com­mittee passed a resolution this week to name the un­named road adjacent to the West side of the Fruitvale BART Station between 33rd to 35th Avenues as “Oscar Grant Way.”

The resolution was in­troduced last year by Coun­cilmember Desley Brooks in one of her last official acts and co-authored by Council President Rebecca Kaplan. At the Tuesday meeting, Councilmembers Loren Taylor and Lynette McElhaney were added as co-sponsors of the resolu­tion, which will be heard at the council meeting on Tuesday, Jan. 22.

It was determined the street was on BART prop­erty, and, BART Board Presi­dent Bevan Dufty and BART Director Lateefah Simon spoke at the committee meeting in fa­vor of the resolution.

“I want to thank Desley Brooks for putting in an effort to put this in today,” said Oscar Grant’s relative, Ceogus “Un­cle Bobby” Cephus Johnson.

“For 10 years I have been saying it is because of the com­munity and political figures and clergy and activists in the streets that prayed with and for us and speaking on behalf of us for Oscar’s name to never be forgotten. Thank you. We will do what we’ve got to do to name this street,” he said.

Said Oscar Grant’s mother Wanda Johnson, “I would first like to thank God and to the BART Directors for carrying this forward. I am so grateful today that you all see that Os­car’s life lost was not in vain.”

“His death has sparked a movement. One of the atone­ments is for BART to name the street after my son, Oscar Grant. Thank you for seeing this injustice and not ignoring it but acting,” she said.

Council President Kaplan said, “We are here…to honor a life that was tragically cut short at the Fruitvale BART station. The activism of the family and the community sparked an international move­ment. We need to honor the life of Oscar Grant, the activism his death has sparked, and we need to continue to fight for a world where Black men and boys are not targets of these types of killings.”

Said BART Board President Dufty: “I want to thank Oscar’s mother for working with me. I want to apologize to the com­munity, and to take account­ability for the delays that have occurred in naming this road. I am 100 percent in support and am committed to working with my colleague Lateefah Simon to correct this at the upcoming BART Board meeting on Feb. 14.”

In her remarks, Simon said, “We are 10 years too late. I apologize to the community. The BART Board will move mountains to name this street after Oscar Grant. We will or­ganize like Oscar’s mother has organized internationally. We will do this. We have no choice.”

Oscar Grant III was a 22-year-old African-American man who was fatally shot in the early morning hours of New Year’s Day 2009 by BART Po­lice Officer Johannes Mehserle in Oakland.

Responding to reports of a fight on a crowded Bay Area Rapid Transit train returning from San Francisco, BART Police officers detained Grant and several other passengers on the platform at the Fruitvale BART Station. Two officers, including Mehserle, forced the unarmed Grant to lie face down on the platform.

Mehserle drew his pistol and shot Grant in the back. Grant was rushed to Highland Hospi­tal in Oakland and pronounced dead later that day.

The events were captured on multiple official and pri­vate digital video and private­ly-owned cell phone cameras and went viral. Huge protests against police actions took place in the following days.

Published January 18, 2019, courtesy of the Oakland Post

New Year, New Leadership, New Oakland?

 Rebecca Kaplan unanimously elected City Council President

Oakland swears in new City Council members (L to R): Nikki Fortunato Bas, District 2; Sheng Thao, Disrict 4: and Loren Taylor, District 6. Photo by Howard Dyckoff.

By Ken Epstein

Oakland honored its newly elected city leaders this week at a swearing-in ceremony held in the City Council Chambers of Oakland City Hall.

Sworn in were Mayor Libby Schaaf, who elected to a second term: Nikki For­tunato Bas, the city’s first Filipina-American council member, representing Dis­trict 2. Sheng Thao, the first Hmong-American council member in the state of Cali­fornia, representing District 4; and Loren Taylor, a third generation Oakland resident, representing District 6.

Making the increased strength of local progres­sives, Councilmember-at- Large Rebecca Kaplan was unanimously elected council president by her colleagues. , The council’s most powerful position, the president pre­sides over City Council meet­ings, influences the council’s agenda and makes appoint­ments to council committees and some outside agencies.

Newly Elected Council President Rebecca Kaplan (left) stands with Cat Brooks, a progressive runner-up in the Oakland mayoral race and co-founder of the Anti Police-Terror Project. Photo by Howard Dyckoff.

Kaplan, the first openly LGBT+ Council President in Oakland’s history, distanced herself from some of the city government’s past practices, pledging that her leadership would be based on a commit­ment to social justice, inclu­sivity and working closely in coalition with the local com­munity.

“We must acknowledge injustice and prejudice exist and we need leaders to assure we work together to move our city forward,” Kaplan said in a prepared statement.

“I believe in giving all Councilmembers the oppor­tunity to affect change, and all council members will have an opportunity to chair a commit­tee.,” she said. “I look forward to working together in coalition with community to advance Oakland’s vital needs.”

Her priorities include reor­ganizing council meetings so community members do not have to wait until past mid­night talk about major issues, strengthening the city’s com­mitment to providing afford­able housing and to responding more effectively to homeless­ness and displacement of resi­dents, as well as providing ac­cess to job training and taking aggressive steps to reduce il­legal dumping.

In her remarks after she was sworn-in, Councilmember Bas said laid out an agenda focused on “equity, inclusion and community participa­tion.”

“More and more (working and middle class families) are feeling left out, feeling the impact of gentrification, rac­ism and income inequality,” she said. “Decisions (will) not made for you but with you. These are all problems that we can solve together.”

“We want developers and corporation that are part of our city but not to tear our city apart,” said Bas, emphasizing that the Black community is “disproportionately impacted by homelessness, joblessness and over-policing.”

Sheng Thao, a daughter of Hmong refugees, said, thanked Councilmember Ka­plan for hiring her as an intern as later as a staff member and her family and the community for backing her.

“I want to be a voice for those who don’t have a voice, because I understand what that looks like,” she said. “I under­stand what it looks like to have to work multiple different jobs just to make rent.”

Acknowledging the efforts of outgoing District 6 Council­member Desley Brooks, Tay­lor said:

“I look forward to serving and delivering greater eco­nomic opportunity, especially for those who have been left out, underserved and under­represented in our communi­ty. We are fully committed to stopping the pushing out and pricing out of the residents of our city.”

Mayor Schaaf, celebrating her 20 years in city govern­ment, said her priorities re­main the same.

She said, “We are ready to bring even more dramat­ic changes in the next four years,” including “an even greater reduction” in homi­cides and violence, support for her favored nonprofit – Oak­land Promise, road repair “in the neighborhoods,” as well as building more units of housing and increasing ways to make “headway on homelessness.”

The council elected District 7 Councilmember Larry Reid to serve as vice mayor and Dis­trict 1 Councilmember Dan Kalb as mayor pro tem. Reid (a reappointment) and Taylor were picked to represent the city on the Oakland-Alameda County Coliseum Authority board of commissioners.

Published January 10, 2019, courtesy of the Oakland Post

Open Letter: Support Rebecca Kaplan for City Council President

Rebecca Kaplan

Oakland City Council will be sworn in to office, including three newly-elected members. Immediately after the swear­ing-in (which starts at 11 a.m.), the Council will have the op­portunity to select its leaders for the coming year, including selecting the Council Presi­dent.

The President runs the meet­ings, initiates the Commit­tee assignments and takes the lead on crafting the agenda and making sure participation hap­pens smoothly. For the com­ing term, we urge the Council to support Councilmember-at-large Rebecca Kaplan for the position of Council President.

Kaplan has served on the Council for 10 years and has been re-elected by large mar­gins, city-wide, representing all the people of Oakland, and has a track record of working successfully to build broad co­alitions and advance policies to protect the needs of our com­munity.

She holds a bachelor’s de­gree from MIT, a Master’s in Urban and Environmental Policy, and a J.D. from Stan­ford Law School and is well equipped to handle the work of the Council Presidency, both in terms of understanding policy and for handling the procedural rules that govern Council meet­ings.

Kaplan was elected unani­mously, twice, as Chair of an­other government Board, the Alameda County Transporta­tion Commission, which in­cludes representatives from all of the cities in Alameda County, along with transit agencies and County Supervisors.

Therefore, Rebecca has ex­perience chairing meetings, making committee assign­ments, and leading the passage and implementation of suc­cessful ballot measures, with an even larger and more com­plicated Board.

Rebecca has a track re­cord of successfully bringing people together to develop and pass important initiatives, including the recent Oakland Vacant Property tax to fund homeless solutions, passing a citywide public lands policy for Oakland, Alameda Coun­ty’s Measure BB to fund trans­portation and infrastructure, and winning over $50 million in regional funding to clean up air pollution in Oakland’s hardest-hit communities from trucks, trains, and more.

Kaplan has helped to fight for fairness in employment and contracting, including for a disparity study, to improve access and equity in bank­ing, for meaningful commu­nity police oversight, and will work to help make sure home­less solutions and job training are strengthened.

Recently, Kaplan success­fully intervened to help reject racial profiling and strengthen the police commission, includ­ing regarding the problem of searches of people on parole and probation.

As a person who treats oth­ers with respect and under­stands that we are to be judged by how we treat the least of these, and as a person of faith and bible scholar who works well with those of all back­grounds, Kaplan will ensure a welcoming and harmonious environment at Council meet­ings.

For all these reasons and more, we urge the Council to elect Rebecca Kaplan as Coun­cil President for the coming term.

Co-signers of open letter supporting Kaplan for council president are:

Noni Session,

John Jones III,

Kimberly Mayfield,

Rev. Dr. Harold R. Mayberry, Henry Gage III,

James Vann,

Lynette Nei­dhardt,

Rashidah Grinage,

Henry Hitz,

Pamela Drake,

Gary Jimenez (VP of Politics, SEIU 1021*)

*Organization listed for iden­tification only.

Published December 27, 2018, courtesy of the Oakland Post

 

Council Rushes to Approve Five-Year Police Agreement

APTP activist James Burch tells City Council to stop putting the Oakland Police Officers Association’s needs above those of the community at Tuesday’s meeting. Photo by Zack Haber.

Zack Haber

 At a meeting that lasted over eight hours, continuing from Tuesday evening until 2 a.m. Wednesday morning, community members and activists from the Anti Police-Terror Project, the Coalition for Police Accountability, Alliance of Californians for Community Empowerment (ACCE) and the First Congregational Church of Oakland criticized a proposed new Memorandum of Understanding (MOU) between the City of Oakland and the Oakland Police Officers Association.

The new MOU grants officers a 12.5 percent salary increase spread over five years.

All council members voted in favor of the MOU except Rebecca Kaplan, who voted no. Noel Gallo abstained, and Desley Brooks was absent.

James Burch, an activist with the Anti Police-Terror Project, wanted the council to delay the vote to seek input from the community.

“In crafting a new MOU, the City Council is more concerned with their relationship with the Oakland Police Officers Association than they are with the wants and needs of the people of Oakland,” he said.

Burch said the timing of the vote shows the council does not respect the will of Oakland residents. The current OPOA agreement does not expire for over six months, leaving plenty of time to seek the views of the police commission and other city residents.

By settling the agreement early, the council and the administration locked up wages and rules governing the police before recently elected City Councilmembers Nikki Fortunato Bas, Loren Taylor and Sheng Thao take office.

“Nikki Fortunato Bas was voted in over Abel Gullén because Gullén was being held accountable for his failure to work with community over the last several years,” Burch said. “Bas has promised to work with community, and I believe her.” But Oakland’s newly elected council members will not have a say in Oakland’s MOU with its police union.

Rashidah Grinage, a member of the Coalition for Police Accountability, was also concerned with the rush to vote on the agreement. “The whole thing was a stealth attack,” Grinage said. “We had no advance knowledge that this was on the agenda, so we had no time to organize around it.”

Grinage said parts of the MOU were overlooked like the overtime budget, how officers are promoted and oversight on police discipline is handled. She said the newly elected Council members might have wanted to work with Oakland residents to change the language in the MOU before voting on it.

Published December 15 2018, courtesy of the Oakland Post

Community Wins Major Victory for Independent Police Oversight Commission

Police Commission Chair Thomas Smith. Photo courtesy East Bay Express.

By Ken Epstein

The debate at the City Council meeting went on for hours into the night, deciding the fate of the Oakland Police Commission. Would it be allowed to gain strength as an independent body that deliberates issues of police accountability and discipline, in the manner promised by Measure LL when it was passed by 83 percent of the voters in 2016?

Rebecca Kaplan

Or would the commission be required to operate like all other departments and commissions in the city, overseen by the City Attorney and City Administrator, who have not managed to produce a scandal-free police department after 15 years of federal oversight of OPD.

Ultimately, the debate ended Tuesday night in a major victory for the supporters of Measure LL and community members who were determined to hold onto the promise of an independent police commission.

Community members, over 80 of whom signed up to defend the commission, were backed by City Councilmember-at-Large Rebecca Kaplan, who fought hard on the council for their proposal. After two resolutions failed, she backed a resolution that most councilmembers were willing to accept in the face of the determined opposition of both City Attorney Barbara Parker and City Administrator Sabrina Landreth.

The vote was 6-1 in support of the resolution. Kaplan, Desley Brooks, Noel Gallo, Lynette Gibson McElhaney, Dan Kalb and Abel Guillén voted in favor.  Annie Campbell Washington voted “no.”

City Administrator Sabrina Landreth ran the Oakland Police Department for one year after the resignation of successive police chiefs. Photo courtesy of ABC7.

Despite the victory, the conflict might not be settled. The ordinance must pass again at a second reading at the next council meeting, and there are indications that Landreth and Parker may try to influence councilmembers to reverse their position, according to police commission supporters.

The disagreements centered on the content of the enabling ordinance, which will establish the guidelines for how the police commission will function. The commission itself was established by passing an amendment to the City Charter, Measure LL.

The enabling ordinance has been tied up in behind the scenes discussions with city staff for over 18 months since Measure LL’s passage.

Barbara Parker

At the heart of the dispute is whether those who staff the police commission, an inspector general and an attorney, will be hired by and report to the commissioners, who are volunteers, or if the inspector general will report to the city administrator and the attorney to City Attorney Parker.

The whole point of creating the police commission, according to its supporters, was to establish oversight of the police that is independent of the city administration.

Pointing out that the City Administrator Landreth serves as supervisor of the Chief of Police, and the City Attorney represents the police department, police commission supporters argue there is a clear conflict of interest if these two officials are allowed to be in charge of police oversight.

“I feel like a broken record. I keep coming here saying the same thing…We need an independent police commission, and every time I turn around, someone else is trying to undermine that independence,” said Lorelei Bosserman, one of those who spoke in favor of maintaining the independent of the police commission.

“The City Attorney should have no authority over the legal counsel for the police commission. (She) represents the Oakland Police Department. There is an inherent conflict of interest there,” she said.

However, Parker’s legal opinion said the Police Commission’s recommendations for the enabling ordinance the draft ordinance that was already passed once by the City Council are “not in compliance with the City Charter.”

According to Parker in her legal opinion, “The staff who provide services to the commission are under the City Administrator’s personnel jurisdiction because the Charter does not provide an exception to the City Administrator’s jurisdiction.” (For the legal opinions, go the City Attorney’s website: oaklandcityattorney.org and click on the “Opinions and Reports” link.)

Speaking to the council meeting, Chair of the Police Commission Thomas Smith said that in order for the commission to do its job, it needs a “non-City Attorney-appointed legal advisor” and “an inspector general (who) reports directly to the commission—not somewhere else within the chain (of command).”

He said, “When you consider the fact that there is a constant interaction…between the police department and the people who serve the City Attorney, there is a relationship there… Does it have some influence? Is there some bias?”

Councilmember Kaplan, backing the police commissioners’ requests, said, “I think it is very important that we stick to the commitment that was made when this was being written, which is independent oversight.”

“We need independent oversight both so the commission can actually be independent and do the functions it was intended to by the voters and also so the commission can maintain its credibility, so its actions can be trusted and not seen as under the control of anyone who might have a dual role in terms of their management of the police department.”

Councilmember Kalb’s motion to accept the City Attorney’s changes to the enabling ordinance failed to pass, as did Kaplan’s motion to adopt the community coalition’s proposal.

What finally passed was a compromise motion, crafted by Kalb and Kaplan, that contained the two most important provisions of the commission’s recommendations.

Published June 23, 2018, Courtesy of the Oakland Post

Moratorium on Public Land Sales Goes to CED Committee

Representatives of the Post Salon community – Kitty Kelly Epstein (Left), James Vann and Cathy Leonard – speak to a council committee about putting a moratorium on sale of publicly owned land on the City Council’s agenda. Photo by Ken Epstein.

By Post staff

The City Council’s Community and Economic Development (CED) Committee will hear a community-initiated proposal for a Moratorium on Public Land Sales at the committee’s next meeting.

The item was originally scheduled for Tuesday, June but postponed due to the Warriors victory parade. The issue may be discussed at the next CED committee meeting, which will be held June 26.

The moratorium originally was proposed at a Post Salon community assembly discussion on April 29 concerning the lack of a city policy to protect public land and utilize it for truly affordable housing.

“The city allegedly has a policy of preserving publicly-owned land as an irreplaceable resource and giving preference to ‘leasing’ city land, rather than to sell for private profit,” said housing activist James Vann, a spokesman for the Post Salon.
“Despite adopting a policy favoring leasing, the city has continued to sell valuable public property to private developers and corporations for expensive housing, luxury condominiums, corporate offices, and market-oriented development,” said Vann.

Over the last two years, the city has received numerous complaints from the community that “public land should be used for public good,” and lobbying from non-profit housing organizations that public land should be used for affordable housing to aid the city’s critical affordable housing crisis.

A joint committee of city staff and community representatives met for almost two years to develop a new policy on the disposal of city-owned land. Early this year, the badly divided joint committee disbanded, according to Vann.

In the meantime, city staff continues to recommend parcel sales, approved by the City Council with little deliberation.

With the assistance of Councilperson Rebecca Kaplan and her staff, the Salon’s resolution to enact a “180-Day Moratorium of the Sale of Public Land Until the Council Adopts a Public Land Policy” was written as a resolution and placed on the June 12 CED Committee agenda.

Published June 11, 2018, courtesy of the Oakland Post

 

Councilmembers, Community Groups Push Mayor for Funding for Homeless, Job Training and Trash Cleanup

Members of East Oakland Congress of Neighborhoods demand the city keep its promises to clean up trash and illegal dumping. Photos by Ken Epstein

By Ken Epstein

As the City Council examines a “midcycle” revision of the city’s two-year budget, community groups are demanding the city allocate money to relieve the suffering of Oakland’s rapidly growing homeless population, clean up illegal dumping and trash in flatland neighborhoods, support job-training for low-income Oaklanders and fund social programs for vulnerable residents by reducing out-of-control spending on the Oakland Police Department.

The budget revisions were discussed at Tuesday’s special City Council meeting and  scheduled to be finalized before the end of June.

Mayor Libby Schaaf and the City Administration, in a move that dampened demands for new spending coming from the community and some councilmembers, released a report showing that the 2018-2019 budget includes a projected deficit of $11 million.

To close the deficit, the City Administrator has asked departments to cut two percent of their expenditures.

At the same time the administration is proposing cuts, it is requesting the council adopt $31.3 million in new spending, including $1 million for the homeless, $27.5 million for new appropriations for affordable housing, $982,000 for trash cleanup, $1.6 million to hire three new staff in the Human Resources Department and conduct a Fire Academy, and $167,000 for two new employees for the Oakland Animal Shelter.

No mention was made in the City Administrator’s report of going over the budgeted spending limit for police overtime by $17 million, which more than accounted for the hole in the city’s budget.

Most of those who spoke at the meeting—residents and councilmembers—called on the city to fund concerns and community needs that they said had been shortchanged or ignored when the budget was adopted last year.

Rebecca Kaplan presented a list of new expenditures she is supporting, including cleanup crews for illegal dumping hot spots, public toilets and expanded support for homeless sanitation, job training and apprenticeship programs and support for the Oakland Animal Shelter.

Kaplan also requested changes in administrative practices that would not cost additional money but would require new ways of relating to the community: proactive trash pickup based on focusing on hotspots, not just responding to complaints; working with congregations and community-based organizations to establish alternative homeless encampments; and utilizing less costly security guards instead of police for City Hall security that is being requested by the administration.

Noel Gallo

The city needs to adopt real homeless solutions that “don’t just push the problem from one underpass to the next, at great expense,” she said.

She was also skeptical of the new horse-mounted police unit OPD is reportedly organizing. She asked: who authorized the “ponies”, how much money is being spent and what fund is the money coming from?

Kaplan also raised concerns that the administration has repeatedly failed to carry out resolutions the Council has passed.

“We on the Council should consider that what actually gets implemented is so different than what we voted for,” she said.

OPD overspending for police overtime “essentially accounts for the entire (budget) gap we are talking about,” she said.

Councilmember Noel Gallo proposed that he and his fellow Councilmembers help pay for homeless and trash services by contributing as much as much half of the $600,000 a year each of them receives from the city to operate their offices.

He also said Mayor Schaaf’s office budget is over $3 million. “The mayor should at least contribute a million dollars from her budget,” he said.
A large group from East Oakland Congress of Neighborhoods demanded full funding for their proposals to clean up flatland streets.

“Our children pass through piles of filthy, stinking garbage, human feces and the carcasses of dead animals to walk to school,” said Lidia, a spokesperson for the Congress.
“Some of you live in neighborhoods where this would never be allowed,” she said.

Carroll Fife, also speaking for the Congress, criticized the Mayor’s trash proposals.

“We see the proclamations the Mayor is making to the news media about the wonderful things that she is doing… to address the trash issue. We’re here to say it is not enough. It is not even real,” said Fife.

“You have to be honest with the residents of this city,” she said.

James Vann was one of the speakers with the Homeless Advocacy Working Group (HAWG), which is requesting $4.2 million to provide portable bathrooms, shower facilities and clean water at homeless encampments throughout the city.

The $1 million the Mayor is proposing for homeless services is “a pittance—that’s nothing, and it’s not (even) true,” said Vann.

He said the city’s proposed $1 million in new homeless spending is eaten up by the $500,000 the city owes for work on Tuff Sheds that is already completed. In addition, he said providing sanitary services at one site costs about $250,000 a year.

Speakers for the Anti Police-Terror Project (APTP) called for redirecting some of the money that currently goes to OPD, which accounts for about 43 percent of the general fund.

As little as $10 million taken from police spending would make a dramatic difference in services for the homeless and elimination of trash on the streets, ATPT speakers said.

Posted June 3, 2018, courtesy of the Oakland Post

 

‘BBQing While Black’ Leader Kenzie Smith to Become Park Commissioner

Kenzie Smith (left) and Onsayo Abram at last Sunday’s “BBQing While Black” event at Lake Merritt in Oakland.

By Post Staff

Councilmember-at-Large Rebecca Kaplan announced this week that she is recommending Kenzie Smith, one the two men who was racially targeted for “BBQing while Black” at Lake Merritt, for a seat on Oakland Parks and Recreation Advisory Commission.

“He has a deep commitment to the Oakland community and a track record of public service and philanthropy,” she wrote in a statement that was released Tuesday.

Before the appointment is final, Kaplan’s recommendation must go to the mayor for approval.

Smith is a lifelong Oakland resident, community activist and founder of Dope Era Magazine. He wants to start a nonprofit to hire young people during the summer, including keeping the Lake Merritt park clean.

The Advisory Commission consists of 11 members appointed by the mayor and council. As a member of the commission, Smith would help make sure “regulations for use of our parks are clear and fair,” said Kaplan.

Smith is looking forward to an opportunity to make policy for the parks. He told the East Bay Express, “I’m not going to let someone else have a ‘BBQ Becky.’”

Published May 27, 2018, courtesy of the Oakland Post

City Leaders Determined to Fight Against Coal Terminal

One of the many protests against the coal terminal held at the offices of developer Phil Tagami.

By Sarah Carpenter

City leaders are pledging to continue to fight for “No Coal in Oakland” after a federal judge’s recent decision overturned the City of Oakland’s ban on shipping or handling coal in the city.

U.S. District Judge Vince Chhabria on May 15 ruled in developer Phil Tagami’s favor in his lawsuit against the City for breaching its contract by instituting the ban.

“This is a fight for environmental justice and equity. Oakland’s most vulnerable communities have unfairly suffered the burden of pollutants and foul air for too long. We will continue to fight this battle on all fronts,” said Mayor Libby Schaaf.

Many City Council members, who voted unanimously to ban coal in 2016, are saying they will continue their efforts to keep coal out of Oakland.

Tagami’s project, the Oakland Bulk & Oversized Terminal (OBOT), intends to ship coal, petroleum coke, and other commodities overseas through a new terminal at the site of the currently unused Oakland Army Base.

Oaklanders pushed back, concerned about potential health risks and poor air quality that could be caused by coal dust in West Oakland—already the area most affected by pollution in the city.

The City responded the next year with a ban on the shipping and handling of coal in Oakland. Judge Chhabria’s ruling determined that the City did not have enough evidence of health risks to warrant the ban, which breached the original contract. In his 37-page decision, Chhabria stated:

“Given the record before it, the City Council was not even equipped to meaningfully guess how well these controls would mitigate emissions.”

Councilmember Dan Kalb, who co-authored the coal ban with Schaaf, said he was appalled by Chhabria’s decision.

“There is no doubt that the scientific evidence shows there are substantial safety risks and health impacts of handling and moving nine million tons of dirty coal each and every year into and out of Oakland,” he said.

No Coal in Oakland, the activist organization that sprouted in response to OBOT’s plan to ship coal, released a long-winded statement on May 16 concerning Chhabria’s ruling.

In the statement, the group acknowledged that the ruling was fact-based. It also criticized Chhabria for his lack of legislative leadership in combating climate change. During the trial, Chhabria said it was “ridiculous to suggest that this one operation resulting in the consumption of coal in other countries will, in the grand scheme of things, pose a substantial global warming-related danger to people in Oakland.”

The City could appeal the decision, but activists and news commentators raise concerns that this course of action would be costly and likely unsuccessful.

The ruling specifically found that the City had breached its contract with OBOT by instituting the unsubstantiated coal ban after the agreement was made.

The City can still issue a new ordinance, which would have to be backed up by legal standards of “substantial evidence,” that the ordinance would prevent “substantial health risks.”

Councilmember Kalb has expressed his determination to continue resisting coal at the terminal. “I will do everything in my power to stand against attacks on the health and safety of our East Bay communities. The City should do whatever it takes within the law to make sure this coal terminal never gets built. This is critical to protect our residents, our workers, and our planet,” he said.

Councilmembers Rebecca Kaplan and Abel Guillén have also voiced their support of the fight against coal in Oakland. Tagami has not responded to a request for comment.

Published May 26, 2018, courtesy of the Oakland Post

Mayor’s Role in Taking Kaplan Off Air Quality Board “Is Politics at Its Worst,” Says Boardmember

Councilmember Rebecca Kaplan received appreciation and an award on her lat last day on Bay Area Air Quality Management (BAAQMD) board. Kaplan is shown with BAAQMD board Chair David Hudson, member of the San Ramon City Council.

By Ken Epstein

 Members of the Bay Area Air Quality Management District (BAAQMD) board paid tribute recently to Oakland City Councilmember-at-Large Rebecca Kaplan at her last meeting on the regional body. A few members criticized Mayor Libby Schaaf for indulging in “politics at its worst” to remove the councilmember from the BAAQMD board and encouraged Oakland residents to work for Kaplan for mayor.

 

“It’s ridiculous that you have to leave this board. I think it’s politics at its worst,” said Supervisor Shirlee Zane, a board member representing Sonoma County.

“The fact that someone bright and capable and articulate as you is being replaced after two years, well shame on the mayor,” she said.

Added Boardmember Supervisor Scott Haggerty, representing Alameda County, “For those of you who think Rebecca should be here, maybe you should help her run for mayor.”

Kaplan, who served for two years as one of Alameda County’s two representatives on the 24-member board, whose members come from cities and counties from Napa to Palo Alto.

According to a spokesman of the Alameda County Mayors’ Conference, which appoints a representative on the BAAQMD board, mayors have first preference in seeking appointments, but Mayor Schaaf had the right to nominate Kaplan for reappointment to the position.

Kaplan was “not precluded” from reapplying, according to the spokesman, but, “If a council member applies for a position, the councilmember (must) receive the approval of the mayor,” the Mayors’ Conference spokesman said.

Instead of nominating Kaplan and despite a deluge of community letters in support of her reappointment, Schaaf nominated the mayor of Berkeley. In March, the Mayor’s Conference voted to give the position to the mayor of Emeryville.

In her response to the letters in support of Kaplan, Schaaf said her hands were tied, and that she was precluded by the rules of the County Mayors’ Conference from reappointing Kaplan to the board.

As Oakland’s first representative on the board 25 years, Kaplan worked to bring funds to improve air quality in the city, which persistently has had some of the highest levels of air-borne toxic wastes—including cancer—and asthma-causing pollutants—in the Bay Area.

Kaplan has helped secure money for major projects to improve air quality for Oakland and other East Bay cities, including for the Broadway Shuttle, replacing a diesel locomotive engine to clean the air around the Port/Army base and setting up a fund to get old, high polluting diesel trucks off the road.

Members of the BAAQMD board praised Kaplan for what she has been able to accomplish in only two years.

“(Kaplan) represents the kind of person that is the reason I want to be on this board, someone who is a critical thinker, thinks about the big picture and has helped to shape a unique profile for the district,” said Boardmember Mayor Doug Kim of the City of Belmont.

Another board member referred to the time when Kaplan went to North Dakota to stand in solidarity with Dakota Access Pipeline protests (#NODAPL). “That’s walking the talk, you really did it. I thought after that: ‘you know what, Rebecca really means it,’” said Mayor Liz Kniss, City of Palo Alto.

“You’ve distinguished yourself as a thoughtful advocate for human health. You’ve done a very effective job articulating concerns in communities most affected by air pollution, which certainly includes your city (and) which your mayor should appreciate. I know we do,” said Vice Mayor Rod Sinks, City of Cupertino.

“We’ve gotten the message about cash for clunkers. We’ll make sure we carry that mantle,” said Supervisor David J. Canepa, San Mateo Count.

Speaking to the board, Jed Holtzman of 350.org Bay Area member said, Rebecca is the kind of textbook example of what the public would like to see on this board and any board in terms of consciousness and engagement.”

She paraphrased a minister she knows in her remarks: “If you woke up this morning, you still have work to do. I ain’t done.”

The video of the discussion at the April 4 BAAQMD board meeting can be viewed here

Published May 5, 2018, courtesy of the Oakland Post