Katz, Alex

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Oakland City Attorney Barbara Parker <alex@oaklandcityattorney.ccsend.com> on

behalf of Oakland City Attorney Barbara Parker <oakcityattorney@gmail.com>
Friday, November 14, 2014 6:47 PM
Katz, Alex
News from Oakland City Attorney's Office

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October 2014 Vol. 14, Issue 10

Oakland City Attorney Barbara Parker

News from the Oakland City Attorney's Office
In This Issue:
Protecting tenants with the
City's Nuisance Eviction
Ordinance
City Attorney in the
Community
Major Cases & Legal Matters

About:
City Attorney's web site
Contact the City Attorney
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Greetings!
In our monthly newsletter, we provide
important information about the work of
the Oakland City Attorney's Office, plus
updates on legal issues and matters that
impact Oakland residents and businesses.
This month: The City Council approves new tenants protections; the City
Attorney in the Community; and updates on significant legal cases and
matters.
As always, I look forward to your comments, thoughts and questions
about how we are conducting the City's business.
Very truly yours,
Barbara J. Parker
Oakland City Attorney

1. Report Illegal Dumping

2. Request public records
3. City Attorney's Annual
Report
4. FAQ: Campaign-Related
Activities by Elected Officials,
Candidates, City Officers &
Employees

City Council Approves Updates to

Nuisance Eviction Ordinance
On October 21, the City Council unanimously approved updates to the
City's Nuisance Eviction Ordinance proposed by my Office.
The law, which has been on the books for ten years, was designed to
protect Oakland renters by allowing the City to remove problem tenants
in commercial or residential properties who pose a danger to or create
serious quality of life problems for their neighbors.
Previously, the ordinance allowed evictions for violent activity, drug
activity and possession of illegal weapons. The City has used this
ordinance selectively, on average 10-12 times a year. About half of the
evictions have involved guns or violence in residential properties, and
about half have involved commercial properties where a store or
business is involved in the drug trade. The amendments approved in
October add illegal gambling, possession of illegal ammunition and
pimping/prostitution to the list of activities that threaten the health,

safety and welfare of Oaklanders, and therefore could result in eviction.

The purpose of including pimping and prostitution in the ordinance is to
aid the City's efforts to curb the sexual exploitation of minors and
young adults, which is at crisis levels in Oakland other communities in
California.
I previously went to trial asking the court to shut down two hotels that
were operating as centers of prostitution and child prostitution in
Oakland; the court ordered closure of both hotels for the maximum
period of one year allowed by law. One of hotels reopened with a new
name, under new management and very strict operating conditions; the
other was permanently closed.
Based on evidence from Oakland police and community activists, we
know that adults who engage in human trafficking often use hotel
rooms or apartments to exploit and abuse women and girls, and that
those women and girls are often the victims of horrific and violent
crimes. This change to the City's Nuisance Eviction law won't end these
crimes, but it gives us an additional tool to reduce the number of places
where these crimes can take place.
This change in the law has generated some controversy. A number of
advocates who represent sex workers advised our Office of their
concerns that the City will use the Nuisance Eviction Ordinance to evict
adult sex workers who are not creating a danger or a nuisance to their
neighbors, simply based on their status; or that the City will evict
tenants based only on the suspicion that they are involved in
prostitution.
Oakland has some of the strongest tenant protection laws in the
country, and this law does not change the eviction protections that
tenants enjoy. In Oakland, tenants can challenge an eviction if they
believe it is unwarranted and have a jury trial before an eviction takes
place.
In any event, an eviction must be based on evidence, for example an
arrest. In fact, no one can be evicted in Oakland based on their status
as a prostitute. The Nuisance Eviction Ordinance only applies when a
tenant's actions pose a danger or a severe nuisance to other tenants,
and when there is convincing evidence documenting those actions.
Landlords have the primary responsibility to address tenants' nuisance
activity. Oakland's law allows the City to inform the landlord that a
tenant is engaging in illegal activity, and then cite the landlord for
maintaining a nuisance if the landlord fails to bring an eviction action.
However, landlords who have a basis to fear retaliation by a problem
tenant against the landlord or other tenants may assign the eviction
cause of action to the City.
Regardless of where tenants live in our City, they have the right to
humane and decent living conditions. Many tenants don't have the
option of moving to escape a dangerous situation or a serious nuisance
created by the actions of a neighbor - and they shouldn't have to.
Of course, this law cannot end human trafficking and other crimes in
rental properties. But it is one tool that may help to remove a danger or
a nuisance that is undermining the quality of life for Oakland tenants.
More information:
Campaign cracks down on Oakland child sex trafficking LA Times

Info & resources from the Alameda County District Attorney's Office
'There is no such thing as a child prostitute' East Bay Express
Read the updated Nuisance Eviction Ordinance

City Attorney in the Community

Supporting Local Entrepreneurs
On October 8, I joined Mayor Jean Quan, Mayor-Elect Libby Schaaf
(see photo) and dozens of local entrepreneurs to promote investment in
Oakland's
economy.
The event at Frank
Ogawa Plaza was
held to encourage
investment in
small and local
businesses through
an innovative
partnership with
global microlending
organization
Kiva.org.
Microlending, also
called
microfinance, allows individuals to make small loans to businesses that
do not have access to traditional forms of capital, such as a loan from a
bank. The small loans then are bundled together to make one larger
loan to the borrower. This "crowdfunding" model has worked around
the world to create jobs and economic opportunity for small
entrepreneurs and the communities they serve. While this model is
usually associated with the developing world, it also can work in
Oakland, and in fact it already is working.
Last year, the City Council unanimously approved a resolution that I
and Councilmember Schaaf sponsored making Oakland the first U.S.
city to partner with Kiva.org through the nonprofit's Kiva Zip program,
which allows anyone with an internet connection to make a "microloan"
of $5 or more to a small business endorsed by the City of Oakland.
The event featured delicious treats from the Pop Art Bakeshop from
the Fruitvale neighborhood, old school bagels from the Authentic
Bagel Co. in Jack London Square and many other goods from local
small businesses.
Oakland has extraordinary energy and momentum. In the last few
years, we have seen a boom in the downtown and uptown
neighborhoods, the beautiful rehabilitation of Lake Merritt, the
beginning of a historic development on the former Army Base and so
many other important and giant steps. One of the main reasons for this
momentum is the small local entrepreneurs who are flocking
here. Every dollar that is loaned to a small business grows our economy
and creates new jobs, new opportunities and new energy. I strongly
encourage you to visit https://zip.kiva.org and make a small loan to
support a local business and help grow Oakland.
Bay Area Black Prosecutors Host Panel to Discuss Career
Development and Increase Diversity in Government Service
In October I was honored to serve on a panel to discuss "Career

Development and Diversity in Government Service" that the Bay Area

Black Prosecutors Association sponsored at UC Berkeley Law School
(formerly known as Boalt Hall).
The panel, moderated by Terry Wiley, Senior Deputy District Attorney
for Alameda County included Melinda Haag, US Attorney for the
Northern District of California, Donna Ziegler, Alameda County
Counsel, and others representing state, federal and local agencies. We
discussed with the students our own career paths and personal stories
and provided advice on the subjects of recruitment, retention,
promotion and diversity in government agencies.
This type of outreach to students and attorneys of diverse backgrounds
is crucial to make them aware of the opportunities within government,
and to help them see others like themselves practicing law.

Bay Area Black Prosecutors Association Panel

Oaktoberfest
The City Attorney's Office had a table at this annual festival on one of
Oakland's many gorgeous days. We shared information about our Office
and chatted with throngs of residents who enjoyed the food and music
in the City's vibrant Dimond District. I enjoyed chatting with friends and
acquaintances and discussing our Office's role and initiatives with
attendees. Many thanks to members of our Office who set up, stocked
and staffed the City Attorney table.
Asian American Prosecutors First Annual Gala
I attended this wonderful event on September 30 which included a feast
at Scott's restaurant and a stirring keynote address by Tani CantilSakauye, Chief Justice of the California Supreme Court. The dinner and
ceremonies were moderated by KPIX Channel 5 journalist Da Lin.

Updates on Legal Cases & Matters

Expansion of the City's Prompt Payment Ordinance
The City's Prompt Payment Ordinance requires that the City promptly
pay City contractors who provide services to the City, whether the
contractors are for profit or nonprofit companies. The law clearly set
forth its intent to ensure that these entities are not financially
challenged by tardy payment for their services.
Earlier this year, nonprofit grant recipients expressed concern about the
time it took the City to issue grant funds to them to perform their work.
Our Office advised that the City Council could amend the Prompt
Payment Ordinance to cover grant recipients as well as companies that
provide services to the City. The amendment will be presented to the
Council before the end of this year.
4

On October 29, the Oakland Post published a story about the City's
Prompt Payment Ordinance that included some erroneous statements
about our advice on the Prompt Payment Ordinance. This letter to the
editor corrects the record and reiterates that my Office fully supports
expanding the Prompt Payment Ordinance to apply to grant recipients.

City Prevails on Appeal in Pension Bonds Case (Mix v. City of

Oakland, Alameda County Superior Court Case No. RG12661429)
On October 3, the State Court of Appeal ruled in favor of the City in a
case challenging the City's issuance of pension bonds.
Plaintiff David Mix filed a complaint in 2012 challenging the validity of a
City Council ordinance authorizing the issuance of bonds to fund the
City's Police and Fire Retirement System (PRFS). Mr. Mix argued that a
judgment from 15 years ago authorizing the City to fund the PFRS
system did not apply to the most recent bonds. The trial court ruled in
favor of the City and Mr. Mix appealed that decision. The Court of
Appeal held that Mix's writ of mandate was untimely and affirmed the
trial court's dismissal.

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