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Three Lawsuits Challenge City of Oakland, A’s Over Proposed Real Estate Project at Port of Oakland

The second lawsuit was filed by Union Pacific Railroad, raising concerns about environmental and public safety risks. In a statement to the San Francisco Chronicle, Robynn Tysver, a spokesperson for Union Pacific, said the company has “serious safety concerns” about the project because, if built, it would be near “two busy railyards and a busy passenger rail station.”

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Rail line at the Port of Oakland. Photo courtesy of the Port of Oakland.
Rail line at the Port of Oakland. Photo courtesy of the Port of Oakland.

By Ken Epstein

So far, three lawsuits have already been filed challenging efforts by Oakland Mayor Libby Schaaf and John Fisher of the Oakland A’s to move full-steam ahead to win final approval for building a massive $12 billion private real estate project on public land at Howard Terminal at the Port of Oakland.

Two lawsuits were filed on Friday, April 1. Observers say more lawsuits may be forthcoming as those who are opposed to the project or have concerns about how the giveaway of public property and public funding are unfolding as Schaaf and the A’s corporation move forward while ignoring or marginalizing the concerns of port-related businesses and longshore workers, city residents and environmentalists.

Ignoring hundreds of written concerns and many public comments, the Oakland Planning Commissioners — all appointed by Schaaf — unanimously passed the Environmental Impact Report (EIR) on the project. The project has also been approved by Port Commissioners who were also appointed by the mayor.

One lawsuit, which says the EIR does not meet legal environmental requirements, was filed on behalf of the East Oakland Stadium Alliance; Schnitzer Steel, a metal shredding facility; Pacific Merchant Shipping Association; the Harbor Trucking Association; California Trucking Association; and the International Longshore and Warehouse Union (ILWU), which represents dockworkers. Several of these organizations have criticized city officials and the Oakland A’s corporation for refusing to meet with them to negotiate or even inform them about the project proposal.

A spokesperson for the East Oakland Stadium Alliance said the A’s and the City have failed to disclose the negative impacts that the project will have on businesses at the Port and surrounding communities.

“The A’s proposal to build a stadium and luxury condominiums, office and retail development will cause major disruptions and impacts to both the surrounding community and the operations of the Port, yet the EIR did not fully address these concerns or mitigate these well-known issues,” said Mike Jacob, speaking for the Stadium Alliance to KRON4.

“It is simply not proper to ignore or defer analysis or mitigation of so many of the significant impacts identified in the more than 400 comments submitted by community and supply chain stakeholders, and as a result our only alternative is to pursue legal recourse,” Jacob said.

The second lawsuit was filed by Union Pacific Railroad, raising concerns about environmental and public safety risks.

In a statement to the San Francisco Chronicle, Robynn Tysver, a spokesperson for Union Pacific, said the company has “serious safety concerns” about the project because, if built, it would be near “two busy railyards and a busy passenger rail station.”

“Union Pacific believes developing the Howard Terminal without removing rail, vehicle and pedestrian conflicts will exacerbate roadway congestion and create significant safety risks for the public and our employees,” said Tysver. “We are asking that the Oakland A’s and City of Oakland go back and diligently study a grade-separated access plan to properly mitigate the risks.”

A third lawsuit against the EIR was filed on April 4 by the Capitol Corridor Joint Powers Authority. The Capitol Corridor runs 30 weekday and 22 weekend passenger trains weekly on Union Pacific tracks. Union Pacific runs 15 freight trains per day and Amtrak passenger trains.

Responding to the lawsuits, Dave Kaval, president of the A’s, said, “This is just absolutely crazy that these lawsuits are even possible. We are going to prosecute this and defend it and do what we can to demonstrate our project is going to be a huge net benefit,” he said in an interview with the Chronicle.

Kaval was dismissive of the Union Pacific lawsuit, saying the current railway situation at the Port is “completely untenable.”

“One of the key parts of this project is maintaining railroad safety,” Kaval said. “Our project is going to do so much to make Jack London Square safer.”

Of the first lawsuit filed against the EIR, Kaval said, “We think they should drop the lawsuit. It’s an odd way to use an environmental law to prevent the environmental review from being completed.” He said he and city staff were both concerned about the lawsuit.

“We are disappointed collectively about this,” he said.

Kaval said the project is looking at building two bridges, one for pedestrians and another for vehicles, to allow traffic to move safely over multiple train tracks. Other unnamed safety and infrastructure improvements are also being considered.

“We will be very forceful to have this rescinded. We’re at the bottom of the ninth inning, and we need to get the Howard Terminal ballpark approved.”

The A’s project has the support of Democratic political leaders in California who passed a state law that says that lawsuits related to the project must be resolved in less than 270 days.

Schaaf also opposed the lawsuits, defending the Planning Commission approval of the EIR. Justin Berton, a spokesperson for the mayor’s office, gave a statement to KRON, saying:

“The city stands by the integrity of its process and analysis culminating in the certification of the EIR… This particular EIR is exceedingly rigorous, thorough, transparent, and ensures a waterfront ballpark district will be built with only the highest environmental standards.”

Activism

Oakland’s Most Vulnerable Neighborhoods Are Struggling to Eat and Stay Healthy

For this story, we focused on eight of the 12 ZIP codes in Oakland, those pertaining to East and West Oakland. The ZIP codes include 94601, 94603, 94505, 94606, 94607, 94612, 94619, and 94621.  We chose to concentrate on these specific areas, known as the Oakland Flatlands, due to its longstanding history of extremely low-income households and racial inequalities compared to ZIP codes in the Oakland Hills.

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Volunteer at Alameda County Food Bank sorting food to distribute to the hundreds of community organizations across the county. Cities like Oakland are experiencing large numbers of food insecure households that use food banks to supplement their weekly meals instead of buying expensive groceries from their local markets. Photo by Magaly Muñoz.
Volunteer at Alameda County Food Bank sorting food to distribute to the hundreds of community organizations across the county. Cities like Oakland are experiencing large numbers of food insecure households that use food banks to supplement their weekly meals instead of buying expensive groceries from their local markets. Photo by Magaly Muñoz.

These Are the Contributing Factors

By Magaly Muñoz

On a recent trip to the grocery store in West Oakland, single mom Neemaka Tucker contemplated what’s more important to her family’s needs –  expensive fresh produce or cheap instant ramen noodles.

“I’m trying to teach my kids to eat healthy, but then my pocket is like, ‘I’m broke’. Getting the processed foods is going to fill you up faster, even though it’s not good for your body,” Tucker said.

Bay Area residents are spending over $100 more a month on groceries than they were pre-pandemic. Those higher costs are straining wallets and forcing families to choose cheap over healthy, possibly contributing to more health problems. These problems are disproportionately affecting people in East and West Oakland, in neighborhoods primarily of low-income families of color.

Oakland residents are experiencing more health problems linked to poor diets, like diabetes, obesity, and heart disease than before the pandemic, particularly in neighborhoods of East and West Oakland, data shows.

“We see a direct relationship between what we eat and medical problems. What we eat affects our weight, our blood pressure and all those things circle back and have an effect on your diseased state,” said Dr. Walter Acuña, a family physician at Oakland Kaiser Medical.

According to data by UCLA Center for Health Policy Research, about 1 in 10 adults in East Oakland neighborhoods experience food insecurity. That’s twice as many people than in most other parts of the city.

Oakland residents’ health concerns are growing

For this story, we focused on eight of the 12 ZIP codes in Oakland, those pertaining to East and West Oakland. The ZIP codes include 94601, 94603, 94505, 94606, 94607, 94612, 94619, and 94621.  We chose to concentrate on these specific areas, known as the Oakland Flatlands, due to its longstanding history of extremely low-income households and racial inequalities compared to ZIP codes in the Oakland Hills.

According to UCLA research, about one out of every five adults under 65 in these areas of East Oakland reported poor or fair health. But these problems weren’t isolated to East Oakland. About one in six adults under 65 reported poor or fair health in areas of West Oakland, like the 94607 ZIP codes.

A handful of ZIP codes (94601, 94603, 94605, 94621) in East Oakland also have the poorest health outcomes of any area in the city. Residents there experience the highest rates of obesity and adult diabetes.

UCLA data shows that there has been a two percent increase in the number of adults diagnosed with diabetes in West Oakland (ZIP code 94607) since 2017- 2018. An estimated 11.8% of adults in 94607 in 2021-22 said they had diabetes, whereas 9.8% reported it several years before.

But the problem is more significant, only a few miles away.

In the 94621 neighborhood in East Oakland, an estimated 16.6% of adult residents reported having diabetes in 2021-2022, and the neighboring ZIPs averaged about 15%, according to UCLA data. 2017-2018 data show that only 11% reported a diabetes diagnosis in the 94621, a 5.6% change from recent numbers. The ZIP code estimates are higher than the states’, county’s, and city estimates—11%, 12.4%, and 12.3%, respectively.

Doctors working with Oakland and the larger Alameda County area are seeing an increase in the number of people coming to their offices with chronic health issues in the last few years.

Acuña said he’s frequently treating more and more adults with diabetes and hypertension.

Patients often tell him that it’s easier to afford unhealthy, cheap food than it is to afford the things that are going to make them feel better and stay healthy, he said

Dr. Steven Chen, Chief Medical Officer of Alameda County’s Recipe4Health, said that he’s seeing more kids across the region suffering from obesity, or adults on the brink of developing chronic illnesses, than in previous years.

“Chronic disease is a big epidemic. What’s the root of it? I think food is a big component,” Chen said.

He has seen evidence of improved health when people have access to better food. People with Type 2 diabetes experience a boost in metabolic and sugar management to healthy levels, and those with high blood pressures experience normal numbers.

Recipe4Health is a county-wide program that uses food-based interventions to treat and prevent chronic conditions, address food insecurity, and improve health and racial equity. The program provides up to 12 weeks of groceries for people who are at risk or are experiencing food insecurity.

It’s important for public sectors to have these kinds of investments locally because the results are tangible, he said.

“If our values are that no one gets left behind and that everyone should have an equal opportunity to health and health equity, then we need always to ensure that we are serving those communities that often are left behind,” Chen said.

Experiencing food insecurity in Oakland

Unfortunately, healthy food is becoming increasingly difficult for Oakland residents to access. Over the last five months, The Oakland Post heard from over 50 residents about their struggles finding and affording healthy food. We visited food banks, talked with people at markets and food distribution events, and distributed an online survey.

We learned that residents are travelling to other nearby cities to get cheaper groceries, financial assistance programs like CalFresh are challenging to navigate, wages are low, and food is getting more expensive while the quality appears to be dropping.

Andres, who asked us not to use his last name due to his undocumented status, said he often relies on food distribution from organizations like the Street Level Health Project for his weekly groceries. He wouldn’t be able to eat complete meals otherwise, due to the lack of consistent employment at his car washing job during the winter months.

With eight people living under one roof and only three adults contributing to the household income, he said things are tight.

“During these months, we’re always backed up on paying our bills, including rent, and we’re trying to do more with what little that we have, which is not much,” Andres said.

Andres’ biggest complaint about grocery shopping is the lack of fresh and healthy food that is affordable and good quality. He’s been to food banks and grocery stores where the produce rots within a day or two of receiving it, forcing him to buy fast food in order to feed his family.

Down the street at the Unity Council’s weekly grocery distribution, Mayra Segovia, a single woman in her 50s, said she visits this location almost every week to get food. Her fixed income on Social Security makes it difficult to afford her basic necessities.

Segovia said she receives CalFresh funding to pay for her groceries, but the almost $300 assistance is not enough to get her through the month, so she gets creative. She often does favors for local vendors in exchange for meals. Even with the Social Security checks of a little over $1,000 a month and other resources like subsidized housing, the cost of living is going up. She’s blaming the government for their contribution to the problem.

“We’re not all rich like Donald Trump and all those corrupt politicians, we don’t have that much money like that,” Segovia said.

Social service assistance is falling short

Several people we spoke with said financial food assistance like CalFresh isn’t supplementing the gaps in their budgets.

Neemaka Tucker, mom of two elementary-aged kids, said she receives $123 a month from CalFresh, yet she’s spending almost $600 on groceries at the store. She feels like she should be getting more assistance, especially considering her lower, single income. “I’m appreciative [of the CalFresh funds] that I get anything because every little bit helps, but it’s still not enough for my family,” Tucker said.

A lack of grocery store options in West Oakland has also made it even harder to get food on the table, Tucker said.

There are more convenience stores than grocery stores within walking distance to her home on the northeast side of West Oakland, and the prices seem to be exacerbated because of their limited food stock, Tucker said. A gallon of milk at the store could run her up to $3.80, but at the local convenience market, it’s nearly $6.

“I just find that the majority of the money that I’m spending is on the travel to get the food, then on the food itself,” Tucker said.

Healthy groceries are a necessity to manage Tucker’s health. She is diabetic and has high blood pressure, so eating and buying fresh produce is important because keeping her symptoms at bay is a must for her health. It’s been difficult to get what she needs for her body to maintain her chronic health problems because she often battles with lack of affordability of what she’s buying, she said.

“I find myself trying to figure out what’s healthy for each person and then have enough of it so we all can [eat well],” Tucker said. “Back in the day, bread and potatoes used to be staples to get your kids full, but food like that makes me sick because that’s too much [carbohydrates] since I have diabetes.”

Both her kids are athletes who also need healthy food. She’s finding that even though her kids don’t eat meat, which tends to be expensive, she’s still spending more than she’d like to on fruit and vegetables.

In Oakland, the local investment is low

In the last year, the city has cut grants to nonprofits like Meals on Wheels, which serves 3,000 hungry seniors, and Street Level Health Project, which provides groceries and meals to undocumented day laborers. Tax measures, like the Sugar-Sweetened Beverage Tax, were intended to help decrease the food and health crisis but are also not being managed in the way Oakland residents voted for, according to community leaders and advisory board members. The majority of the tax money is going towards funding city agencies.

The Oakland Post contacted city and county officials several times for comment but did not get a response.

Across the Bay Area, San Francisco is investing millions to address food insecurity through a pilot program that establishes free grocery stores in food desert districts. Shoppers of the pilot market said they have seen a positive change to the way they feed their families and how much they’re able to save every month.

Oakland resident PC, who chose to use an abbreviated version of his name to protect his privacy, said he’d be interested in seeing a market like the one in San Francisco because it would alleviate the tight budget he has for himself.

PC said he’s had some unpleasant experiences with food distribution workers being rude to residents waiting for grocery bags. “The line is already long as it is and can sometimes feel shameful when you’re going through hard times,” PC said, so an option to get free food in a setting that resembles a market would be ideal.

The garden lead for West Oakland’s People’s Programs, ab banks, helps deliver fresh produce from a local garden to households in the projects, because the need for healthier options has been particularly high in recent years, they said.

People’s Program serves around 170 people in the 94607 area with groceries, along with a mobile health clinic and free breakfast program. Their goal is to serve a community that already deals with its own set of disadvantages, and looks to show people that not everything needs to contribute to a bigger gain and people have the right to use the local land to grow the food they need.

Banks said they see firsthand what the lack of investment in West Oakland has done to folks: homelessness, priced out living situations, environmental racism, and lack of food access.

They explained that although they feel a duty and a calling to the work at People’s Program to help an underserved neighborhood, they questioned how the city is pouring millions of dollars towards finding solutions to Oakland’s biggest problems but no significant change has happened yet. banks said there are basic necessities that should be birthrights and not restricted to what the government thinks people need.

“[The investment] is not enough. There’s no access to fair housing, not enough access to food, not enough access to healthcare. But that’s just not specific to Oakland, that’s a United States problem,” banks said.

Reporter Magaly Muñoz produced this story as part of a series as a 2024 USC Annenberg Center for Health Journalism Data Fellow and Engagement Grantee.

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Activism

Report Offers Policies, Ideas to Improve the Workplace Experiences of Black Women in California

The “Invisible Labor, Visible Struggles: The Intersection of Race, Gender, and Workplace Equity for Black Women in California” report by the California Black Women’s Collective Empowerment Institute (CBWCEI), unveiled the findings of a December 2024 survey of 452 employed Black women across the Golden State. Three-fifths of the participants said they experienced racism or discrimination last year and 57% of the unfair treatment was related to incidents at work. 

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By McKenzie Jackson, California Black Media 

Backed by data, a report released last month details the numerous hurdles Black women in the Golden State must overcome to effectively contribute and succeed in the workplace.

The “Invisible Labor, Visible Struggles: The Intersection of Race, Gender, and Workplace Equity for Black Women in California” report by the California Black Women’s Collective Empowerment Institute (CBWCEI), unveiled the findings of a December 2024 survey of 452 employed Black women across the Golden State. Three-fifths of the participants said they experienced racism or discrimination last year and 57% of the unfair treatment was related to incidents at work.

CBWCEI President and CEO Kellie Todd Griffin said Black women have been the backbone of communities, industries, and movements but are still overlooked, underpaid, and undervalued at work.

“The data is clear,” she explained. “Systemic racism and sexism are not just historical injustices. They are active forces shaping the workplace experiences of Black women today. This report is a call to action. it demands intentional polices, corporate accountability, and systemic changes.”

The 16-page study, conducted by the public opinion research and strategic consulting firm EVITARUS, showcases the lived workplace experiences of Black women, many who say they are stuck in the crosshairs of discrimination based on gender and race which hinders their work opportunities, advancements, and aspirations, according to the report’s authors, Todd Griffin and CBWCEI researcher Dr. Sharon Uche.

“We wanted to look at how Black women are experiencing the workplace where there are systematic barriers,” Todd Griffin told the media during a press conference co-hosted by Ethnic Media Services and California Black Media. “This report is focused on the invisible labor struggles of Black women throughout California.”

The aspects of the workplace most important to Black women, according to those surveyed, are salary or wage, benefits, and job security.

However, only 21% of the survey’s respondents felt they had strong chances for career advancement into the executive or senior leadership ranks in California’s job market; 49% felt passed over, excluded from, or marginalized at work; and 48% felt their accomplishments at work were undervalued. Thirty-eight percent said they had been thought of as the stereotypical “angry Black woman” at work, and 42% said workplace racism or discrimination effected their physical or mental health.

“These sentiments play a factor in contributing to a workplace that is unsafe and not equitable for Black women in California,” the report reads.

Most Black women said providing for their families and personal fulfillment motivated them to show up to work daily, while 38% said they were dissatisfied in their current job with salary, supervisors, and work environment being the top sources of their discontent.

When asked if they agree or disagree with a statement about their workplace 58% of Black women said they feel supported at work, while 52% said their contributions are acknowledged. Forty-nine percent said they felt empowered.

Uche said Black women are paid $54,000 annually on average — including Black single mothers, who averaged $50,000 — while White men earn an average of $90,000 each year.

“More than half of Black families in California are led by single Black women,” said Uche, who added that the pay gap between Black women and White men isn’t forecasted to close until 2121.

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Bay Area

Five Years After COVID-19 Began, a Struggling Child Care Workforce Faces New Threats

Five years ago, as COVID-19 lockdowns and school closures began, most early educators continued to work in person, risking their own health and that of their families. “Early educators were called essential, but they weren’t provided with the personal protective equipment they needed to stay safe,” said CSCCE Executive Director Lea Austin. “There were no special shopping hours or ways for them to access safety materials in those early and scary months of the pandemic, leaving them to compete with other shoppers. One state even advised them to wear trash bags if they couldn’t find PPE.”

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UC Berkeley photo.
UC Berkeley photo.

UC Berkeley News

In the first eight months of the COVID-19 pandemic alone, 166,000 childcare jobs were lost across the nation. Significant recovery didn’t begin until the advent of American Rescue Plan Act (ARPA) Child Care Stabilization funds in April 2021.

Today, child care employment is back to slightly above pre-pandemic levels, but job growth has remained sluggish at 1.4% since ARPA funding allocations ended in October 2023, according to analysis by the Center for the Study of Child Care Employment (CSCCE) at UC Berkeley. In the last six months, childcare employment has hovered around 1.1 million.

Yet more than two million American parents report job changes due to problems accessing child care. Why does the childcare sector continue to face a workforce crisis that has predated the pandemic? Inadequate compensation drives high turnover rates and workforce shortages that predate the pandemic. Early childhood educators are skilled professionals; many have more than 15 years of experience and a college degree, but their compensation does not reflect their expertise. The national median hourly wage is $13.07, and only a small proportion of early educators receive benefits.

And now a new round of challenges is about to hit childcare. The low wages paid in early care and education result in 43% of early educator families depending on at least one public support program, such as Medicaid or food stamps, both of which are threatened by potential federal funding cuts. Job numbers will likely fall as many early childhood educators need to find jobs with healthcare benefits or better pay.

In addition, one in five child care workers are immigrants, and executive orders driving deportation and ICE raids will further devastate the entire early care and education system. These stresses are part of the historical lack of respect the workforce faces, despite all they contribute to children, families, and the economy.

Five years ago, as COVID-19 lockdowns and school closures began, most early educators continued to work in person, risking their own health and that of their families. “Early educators were called essential, but they weren’t provided with the personal protective equipment they needed to stay safe,” said CSCCE Executive Director Lea Austin. “There were no special shopping hours or ways for them to access safety materials in those early and scary months of the pandemic, leaving them to compete with other shoppers. One state even advised them to wear trash bags if they couldn’t find PPE.”

The economic impact was equally dire. Even as many providers tried to remain open to ensure their financial security, the combination of higher costs to meet safety protocols and lower revenue from fewer children enrolled led to job losses, increased debt, and program closures.

Eventually, the federal government responded with historic short-term investments through ARPA, which stabilized childcare programs. These funds provided money to increase pay or provide financial relief to early educators to improve their income and well-being. The childcare sector began to slowly recover. Larger job gains were made in 2022 and 2023, and as of November 2023, national job numbers had slightly surpassed pre-pandemic levels, though state and metro areas continued to fluctuate.

Many states have continued to support the workforce after ARPA funding expired in late 2024. In Maine, a salary supplement initiative has provided monthly stipends of $240-$540 to educators working in licensed home- or center-based care, based on education and experience, making it one of the nation’s leaders in its support of early educators. Early educators say the program has enabled them to raise wages, which has improved staff retention. Yet now, Governor Janet Mills is considering cutting the stipend program in half.

“History shows that once an emergency is perceived to have passed, public funding that supports the early care and education workforce is pulled,” says Austin. “You can’t build a stable childcare workforce and system without consistent public investment and respect for all that early educators contribute.”

The Center for the Study of Childcare Employment is the source of this story.

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