Approved as to Form and Legality
DRAFT
________________________
City Attorney’s Office
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
INTRODUCED BY COUNCILMEMBERS TREVA REID AND DAN KALB
RESOLUTION IN SUPPORT OF CALIFORNIA SENATE BILL 1050
(BRADFORD, D.) WHICH REQUIRES THE OFFICE OF LEGAL AFFAIRS TO
REVIEW CLAIMS OF PROPERTY TAKEN DUE TO RACIALLY MOTIVATED
EMINENT DOMAIN AND DETERMINE RIGHTFUL OWNERSHIP OR
COMPENSATION
WHEREAS, 1050 proposes significant measures to address racially motivated eminent domain practices within the state of California; and
WHEREAS, existing law, including the Racial Equity Commission and related frameworks, seeks to advance racial equity and address structural racism in California; and WHEREAS, SB 1050 mandates the establishment of the Office of Legal Affairs within the California American Freedmen Affairs Agency to review, investigate, and determine claims of property taken through racially motivated eminent domain; and WHEREAS, "racially motivated eminent domain" is defined as the acquisition of private property for public use without just compensation due to the owner’s ethnicity or race; and WHEREAS, the Office of Legal Affairs, upon determination of rightful ownership, is required to certify entitlement to property or compensation from the Fund for Reparations and Reparative Justice; and
WHEREAS, if the determination is rejected by the acquiring agency, SB 1050 provides avenues for dispossessed owners to challenge the taking or compensation amount; and WHEREAS, the Office of Legal Affairs must provide notification and an appeal process if it determines that an applicant is not a rightful dispossessed owner; and WHEREAS, all decisions of the California American Freedmen Affairs Agency under SB 1050 are subject to judicial review; and
WHEREAS, SB 1050 also exempts the California American Freedmen Affairs Agency from certain provisions regarding in -house counsel, ensuring effective implementation of its provisions; and
WHEREAS, SB 1050 includes findings and declarations related to the use of public funds to support its objectives; and
RESOLVED that the City Council supports SB 1050 ( Bradford) in the California legislature; and be it
FURTHER RESOLVED: that the City Council directs the City Administrator or his designee to immediately distribute this resolution upon its adoption to Governor Gavin Newsom and State Senator Steven Bradford.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - -FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST: ________________________________________
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California