Archive for August, 2024

Following calls from district unions Antioch superintendent employment terminated on 5-0 vote

Thursday, August 22nd, 2024
Antioch Unified School District Superintendent Stephanie Anello’s employment was terminated on Wednesday, Aug. 21, 2024. Herald file photo.

“…effective immediately without cause.” – Board President Antonio Hernandez

Anello was in discussions with school board on “transition plan”, offered to stay on through May

“We agreed to a resignation that she proposed to begin with” – Trustee Mary Rocha

Reads Anello’s accomplishments

The “longest serving Superintendent in the history of AUSD”

By Allen D. Payton

During their meeting on Wednesday night, August 21, 2024, the Antioch School Board agreed to the terminate the employment agreement of embattled Superintendent Stephanie Anello who has spent several months on full or half-time medical leave. The move followed calls from the district’s unions, that night, asking for the board to take “decisive action”. It also follows the controversy surrounding accusations of bullying by a district department supervisor and claims of its mishandling by Anello and senior district leadership as well as the multiple attempts by Hernandez to terminate Anello in spite of the fact she has not been given her performance evaluation in four years.

Anello, who was recently placed back on full-time medical leave by her doctor after returning to work half-time, offered to stay on through next May and continue to be paid while on leave instead, according to Area 5 Trustee Mary Rocha. But she said the board felt they needed to make a change now and voted unanimously to terminate Anello’s employment agreement immediately and pay her the severance package.

According to district staff, the motion was to, “Terminate the superintendent’s employment agreement effective immediately without cause pursuant to the terms of that employment agreement.” Made by Lathan and seconded by Board President and District 1 Trustee Antonio Hernandez and the motion passed unanimously with the support of Rocha, Lewis and Area 4 Trustee Gary Hack.

Antioch Education Association president Bob Carson reads a joint statement calling for the Board to take action last night, as Amy Bettencourt (left), the district’s Director of Curriculum, Instruction, and Assessment, representing the administrators and California School Employees Association, local Chapter 85 President Brian Atkinson, (right) representing the district’s classified employees listen in support. Video screenshot

Unions Speak Unanimously

Flanked by Amy Bettencourt, the district’s Director of Curriculum, Instruction and Assessment, representing the administrators and California School Employees Association, local Chapter 85 President Brian Atkinson, representing the classified employees, Antioch Education Association president Bob Carson, representing the district’s teachers, spoke during public comments before the board’s Closed Session on Wednesday night.

Reading from prepared remarks, he asked the board to take, “decisive action regarding the position of superintendent” at last night’s meeting. “As leaders of our respective associations we are deeply committed to the success and well-being of our district. However, the current uncertainty surrounding the superintendent’s role has created challenges in our ability to move forward effectively. For the sake of our students, staff and the broader community, we believe it’s crucial that the board establish a clear path forward. We request the board promptly address this matter, ensuring our district is guided by stable and visionary leadership. This will allow us to continue our mission of providing quality education and support to every student in Antioch. Thank you for your attention to this important issue. We look forward to working collaboratively to achieve a positive outcome for our district.”

That was met with applause from those in the audience.

Board Votes Unanimously, Lewis Attends Closed Session by Phone

The board then adjourned to Closed Session which lasted over an hour, at which only four members were in attendance in person, and Area 3 Trustee Dr. Clyde Lewis attending via phone “due to a COVID-positive test” according to Hernandez. (His participation is under review as to whether it complies with the state’s Brown Act open meeting law). However, later Lewis said the district’s legal counsel said it was legal.

When reporting out Hernandez said, “the board took action in Closed Session to terminate the superintendent’s employment agreement effective immediately without cause, pursuant to the terms of that employment agreement.” He added, “It was unanimous, five-zero.”

That was also met with applause from the audience.

However, according to Rocha, the board accepted one of two resignation options Anello offered.

“We agreed to a resignation that she proposed to begin with,” the Area 5 trustee stated. “One was to avoid paying her the severance for six or nine months. Or do we cut ties now and pay her out. Because it was her request to be released. She gave us two options saying, ‘I have to be released, I can’t come to work.’ First it was, ‘I can only work half-day.’ Then all of a sudden it was the doctor telling her to go back on leave and she needed to be released.”

Anello’s Accomplishments

Following the announcement by Hernandez, Rocha read a list of Anello’s accomplishments while superintendent since being promoted to the position in 2016.

“As the senior member, I’ve been given the privilege to at least say a few words on behalf of the superintendent,” she stated before reading the statement. “I would like to say that this is without cause, and I hope you understand, the circumstances here, is we need to go forward. We need to take care of this business. This is a new year and so, I want to read some of the things we feel her leadership has done.”

 “We would like to express our sincere gratitude to Superintendent Anello for her 25 years of dedicated service to our District, beginning in 1998 when she first served as a substitute teacher,” Rocha said reading from prepared remarks. “Ms. Anello is only the second female superintendent to lead the District and is the longest serving Superintendent in the history of AUSD. Some of her notable achievements as Superintendent include:

  • Increasing accessibility for parents and guardians who speak languages other than English by ensuring bilingual assistance at all school sites and the District office;
  • Expanding social-emotional support for students by reintroducing and increasing the number of counselors and mental health supports at every school;
  • Instituting a comprehensive restorative justice program throughout the District, providing secondary sites with access to restorative justice coaches;
  • Writing and implementing the District’s first Local Control Accountability Plan;
  • Navigating the unique challenges of the COVID-19 pandemic, making AUSD one of the first districts in the county to offer free meals, computers, hotspots, and remote instruction;
  • Overseeing the implementation of Measure B to upgrade and renovate Antioch High School;
  • Successfully passing Measure B, the measure that we just did, which will bring over $195 million in much-needed upgrades and repairs to school sites.”

“So, we hope that Ms. Anello gets better in the future and that we look forward to at least having a direction of going forward in our district,” Rocha stated. “And I thank you and I hope we can all come together and understand that Ms. Anello has done a good job in this district.”

During general public comments Atkinson thanked, “the board for listening” and said, “I think it’s time to move on. Thank you, guys. It means so much to us.”

News Report on Leaked Information About Board, Anello’s Discussions

A report by NBC Bay Area on Thursday, August 15, 2024, claimed Anello was in discussions with the board on an exit plan. Posted to her official Facebook page on Friday afternoon Aug. 16th, Area 5 Trustee Dr. Jag Lathan wrote about the article, “Time to heal.”

However, when reached for comment about the matter, Anello said, “In my message to employees, it was called a transition plan. If anything was discussed in Closed Session, I was not there.”

The superintendent who was on medical leave, earlier this year, then returned to work at 50% under direction of her doctor, said, “My doctor has taken me off work, again due to my health.”

Questions for Lathan Ignored, Won’t Say if She Was Source for Report

Lathan was asked about her Facebook post asking if it was about Anello healing, who was placed on medical leave by her doctor, again or about the district healing over the claims of bullying. She was also asked if she believed Anello mishandled the matter of the accusation against Kenny Turnage, the department supervisor. He is still on paid administrative leave as of last week, pending the outcome of two additional investigations, which according to Acting Superintendent Dr. Rob Martinez earlier this month, have not yet been completed.

Because the report claims, “Antioch Unified School District’s superintendent is working with board trustees on her exit plan from the district, NBC Bay Area’s Investigative Unit has confirmed through multiple sources with knowledge of the discussions” Lathan was asked if she had spoken to Anello and if her “exit plan” discussed in Closed Session during the August 7th meeting at which the superintendent was not in attendance.

Because the NBC report also claims their “Investigative Unit has confirmed through multiple sources with knowledge of the discussions,” Lathan was asked, if she was one of the sources and if she had spoken to the media about Anello’s “exit plan”.

Finally, the Area 2 trustee was asked if she thinks it’s appropriate to post reports about personnel matters that are under discussion by the board and have not yet been decided and for anything else about the matter she’d like to share.

But Lathan did not respond.

Questions for Other Trustees Also Go Unanswered, Also Won’t Say if They Spoke to Media

Questions were also emailed on Saturday to the other four board members asking if any of them had spoken to Anello, if her “exit plan” was discussed in Closed Session during the Aug. 7th meeting at which the superintendent was not in attendance.

They were also asked if Anello had he send the message sent to district staff about her “transition plan” was sent to them, as well and if any of them were the sources for the NBC Bay Area report and if they had spoken to the media about Anello’s “exit plan”.

They were asked if they think it’s appropriate to post reports about personnel matters that are under discussion by the board and have not yet been decided, as Trustee Lathan did on Friday, Aug. 16.

Hernandez was specifically asked why he continued to place the same items on the Closed Session agenda when the superintendent was not in attendance for one or two of the matters and if the board had given Anello her annual evaluation this year, yet and if not, how could they consider her Discipline/Dismissal/Release if that agenda item was for her. He was also asked if he was attempting to put pressure on Anello hoping she will resign.
Finally, they were asked if Martinez is still the Interim/Acting Superintendent and, if so, are they planning on appointing someone else to that position while Anello is on medical leave, and, if not, why was it on the agenda, and for anything else about the matter that they’d like to share

None of the trustees responded. However, later Rocha shared that Anello was represented by an attorney during the Closed Sessions meetings of the board. “Everyone has attorneys, including the district,” she said.

Efforts to reach Anello for comment were unsuccessful prior to publication time.

The board will now have the option of promoting from within the district or hiring a search firm to recruit a new superintendent.

Please check back later for any updates to this report.

Assemblywoman Wicks announces agreement with governor, big tech claiming to support work of CA journalists who oppose it, using private and taxpayer funds

Thursday, August 22nd, 2024

Instead of passing bill she carriedSee UPDATE with details of “Deal Framework”

CA journalists “oppose this disastrous deal”

“The future of journalism should not be decided in backroom deals…Not a single organization representing journalists and news workers agreed to this undemocratic and secretive deal with one of the businesses destroying our industry.” – Media Guild of the West

Senator Glazer who has his own bill on the matter opposes deal says it, “seriously undercuts our work toward a long term solution to rescue independent journalism” and doesn’t include Meta (Facebook, Instagram) and Amazon

By Allen D. Payton

Assemblymember Buffy Wicks (D-AD15, Oakland)

SACRAMENTO – On Wednesday, August 21, 2024, Assemblymember Buffy Wicks (D-AD15, Oakland) announced the establishment of a first-in-the-nation partnership with the State, news publishers, major tech companies and philanthropy, unveiling a pair of multi-year initiatives to provide ongoing financial support to newsrooms across California and launch a National AI Accelerator.

Together, these new partnerships will provide nearly $250 million in public and private funding over the next five years, with the majority of funding going to newsrooms. The goal is to front-load $100 million in the first year to kick-start the efforts. The total investment could increase over the next several years if additional funding from private or state sources becomes available.

“This agreement represents a major breakthrough in ensuring the survival of newsrooms and bolstering local journalism across California — leveraging substantial tech industry resources without imposing new taxes on Californians,” said Governor Gavin Newsom. “The deal not only provides funding to support hundreds of new journalists but helps rebuild a robust and dynamic California press corps for years to come, reinforcing the vital role of journalism in our democracy.”

Assemblymember Wicks, who represents portions of Western Contra Costa County, authored AB 886 to help ensure the sustainability of local journalism, as news outlets across the country are downsizing and closing at alarming rates. A Northwestern University study published last year found an average of two and a half newspapers in the United States close every week, and that our nation has lost two-thirds of its newspaper journalists since 2005. California has lost more than 100 newspapers in the last decade alone.

The new suite of initiatives includes multi-faceted support for publishers across California to address challenges that have impacted the depth and breadth of news coverage in the state. They will help ensure the sustainability of existing and new online publications – with an emphasis on small, local outlets and community-facing journalism.

“As technology and innovation advance, it is critical that California continues to champion the vital role of journalism in our democracy,” saidWicks. “This partnership represents a cross-sector commitment to supporting a free and vibrant press, empowering local news outlets up and down the state to continue in their essential work. This is just the beginning. I remain committed to finding even more ways to support journalism in our state for years to come.”

California news publishers will be the beneficiaries of a News Transformation Fund, to be administered by the UC Berkeley School of Journalism, providing financial resources that preserve and expand California-based journalism. The funding will include contributions from technology platforms and the State of California, supporting innovative new investments that promote local journalism. The funding will support California-based state and local news organizations, particularly those serving California local news deserts, underserved and underrepresented communities, and outlets that prioritize California coverage.

“The University of California is proud to partner with Governor Newsom and legislative leaders to bolster the critical work of local news organizations and journalists in California,” said UC President Michael V. Drake, M.D. “Californians depend on robust local and diverse news organizations to stay informed about their communities, and the University and specifically the UC Berkeley School of Journalism stand ready to support this endeavor.”

Funding for the initiative would be complemented by direct support from the State, helping news organizations keep and grow newsroom staff and offsetting the costs of producing local news and information.

“A vibrant press is crucial for strong communities and a healthy democracy. This is a first step toward what we hope will become a comprehensive program to sustain local news in the long term, and we will push to see it grow in future years,” saidCalifornia News Publishers Association CEO Chuck Champion and Board Chair Julie Makinen. “We will work with the state and tech companies to make the most of this initiative. We’re grateful to Assemblymember Wicks for her passionate advocacy on behalf of our 700-plus member newsrooms.”

Partners in this initiative also reiterated their strong commitment to strengthening newsroom and ownership diversity for ethnic and underserved communities. The Governor also announced his support for AB 1511 (Santiago), which aims to increase the state’s ongoing commitment to place official marketing, advertising and/or outreach advertising with local and underrepresented media outlets.

“Ethnic and community media outlets in California have a long history of serving as trusted messengers of culturally responsive news to historically underrepresented and underserved communities,” said Assemblymember Miguel Santiago. “These initiatives ensure that California is embracing private sector innovation while developing partnerships with and seeding investments from the public sector to empower local publishers and journalists that are vital to a healthy, thriving democracy.”

Additionally, researchers and businesses will have access to new resources to explore the use of AI to tackle some of the most complex challenges facing society, and strengthen the workforce through a new National AI Innovation Accelerator. This will be administered in collaboration with a private nonprofit, and will provide organizations across industries and communities — from journalism, to the environment, to racial equity and beyond — with financial resources and other support to experiment with AI to assist them in their work. The AI accelerator will empower organizations with the new technology, and complement the work of the Journalism Fund by creating new tools to help journalists access and analyze public information.

“We appreciate the thoughtful leadership of Governor Newsom, Assemblymember Wicks, Chair Umberg, and Senator Glazer on these issues,” said Kent Walker, President of Global Affairs and Chief Legal Officer for Alphabet (Google’s parent company). “California lawmakers have worked with the tech and news sectors to develop a collaborative framework to accelerate AI innovation and support local and national businesses and non-profit organizations. This public-private partnership builds on our long history of working with journalism and the local news ecosystem in our home state, while developing a national center of excellence on AI policy.”

“A strong press is a key pillar of democracy, and we’re proud to be part of this partnership to utilize AI in support of local journalism across California,” said Jason Kwon, Chief Strategy Officer for OpenAI. “This initiative builds on our longstanding work to help newsrooms and journalists around the world leverage AI to improve workflows, better connect users to quality content, and help news organizations shape the future of this emerging technology.”

Work will begin immediately to stand up both initiatives, which will go live in 2025. Included below is a range of quotes from additional supporters.

What others are saying:

“The work of local independent publishers is essential to a well-functioning democracy, and this new public-private partnership provides immediate and needed relief. Lawmakers should be proud of this program, which builds on California’s innovative Local News Fellowship with millions of new dollars in a way that prioritizes small publishers and those serving underrepresented groups.” – Chris Krewson, Executive Director of Local Independent Online News (LION) Publishers, a national nonprofit with 76 of its 600 publisher members in California

“The new public-private partnership provides a pioneering, ambitious program that will offer significant help to local newsrooms that give Californians the information they need to participate in a healthy democracy. It’s encouraging that lawmakers and tech platforms found a way to work together to forge an innovative solution that can be a model for other states.” – Lance Knobel, CEO of Cityside Journalism Initiative, the nonprofit behind Richmondside, Oaklandside and Berkeleyside

“California is leading the way with this first-in-the-nation investment to protect the press and sustain quality journalism. This fund will help news outlets and journalists adapt to a changing landscape with new tools and funding to embrace emerging technologies. This is especially helpful for ethnic and community media which is comprised largely of under-resourced family businesses whose strongest connections are to their community.” – Regina Wilson, Executive Director, California Black Media

“California is home to the largest concentration of multilingual news outlets serving immigrant and ethnic communities in the US. This breakthrough public private partnership to support local journalism brings welcome recognition of the ethnic media sector’s indispensable role in connecting these diverse communities to each other and to the wider public realm.” – Sandy Close, Director of Ethnic Media Services (EMS), a California-based nonprofit which works with 2000 ethnic news outlets nationwide, including over 300 in California

“It represents an equity-media model for the nation,” added Julian Do, EMS Co-Director

“Protecting and rebuilding California’s robust media ecosystem and ensuring it serves immigrants, Latinos and communities of color equally requires an important role for philanthropy, our tech and private sector, and yes, California’s State Government. We see this historic agreement as just the first major step where the State of California can lead the way in building a sustainable media ecosystem for the most diverse state in the Union.” – Arturo Carmona, President of the Latino Media Collaborative 

“This is a win for all Californians. Disinformation flourishes when quality journalism disappears. This critical funding will help local publishers survive and keep their communities informed and engaged.” – Neil Chase, CEO of CalMatters and former editor of The Mercury News and East Bay Times

“The revival of a strong, independent community-minded local press is vital for California. All things considered, this agreement both injects new money into doing that and helps spur the innovation, tech and otherwise, required at this moment. As a companion to the California Local News Fellowship, it’s another brick in the rebuilding of California journalism.” – Ken Doctor, Newsonomics news analyst and Lookout Local founder and CEO

“Supporting local news and journalism is vital to enabling a fully informed and engaged community. We are very pleased to see California as a leader in building this public-private partnership that will substantially impact local journalism and essential news coverage in communities throughout California. This vital funding will support our local news and will enable an expansion of our initiative to add to the depth of our bilingual coverage and journalists in Napa Valley – where 40% of the population is Latino.” – Marc Hand, CEO and Board Chair of Highway 29 Media, a publisher of newspapers serving communities in Napa Valley

California Journalists’ Guild Opposes Deal, Calls it a “Shakedown”

In addition, the Media Guild of the West, which represents journalists and had supported Wicks’ bill, issued a statement on Wednesday opposing the deal entitled, “California’s journalists do not consent to this shakedown.”

The guild’s representatives and signatories to the statement (see below) wrote, “This afternoon, Google, California Assemblymember Buffy Wicks, California Governor Gavin Newsom and many of California’s publishing lobbies announced ‘a first-in-the-nation partnership with the State, news publishers, major tech companies and philanthropy, unveiling a pair of multi-year initiatives to provide ongoing financial support to newsrooms across California and launch a National AI Accelerator.’

After two years of advocacy for strong antimonopoly action to start turning around the decline of local newsrooms, we are left almost without words. The publishers who claim to represent our industry are celebrating an opaque deal involving taxpayer funds, a vague AI accelerator project that could very well destroy journalism jobs, and minimal financial commitments from Google to return the wealth this monopoly has stolen from our newsrooms.

Not a single organization representing journalists and news workers agreed to this undemocratic and secretive deal with one of the businesses destroying our industry. Moments ago, the following opposition letter was filed with the California legislature:

We represent journalists and news workers who provide essential news for millions of Californians in print, digital, broadcast, commercial and nonprofit newsrooms.

The future of journalism should not be decided in backroom deals. The Legislature embarked on an effort to regulate monopolies and failed terribly. Now we question whether the state has done more harm than good.

California’s journalists and news workers OPPOSE this disastrous deal with Google and condemn the news executives who consented to it in our names.

Signed,

Matt Pearce, President, Media Guild of the West, The NewsGuild-CWA Local 39213
Jon Schleuss, President, The NewsGuild-CWA
Annie Sciacca, President, Pacific Media Workers Guild, The NewsGuild-CWA Local 39521
Carrie Biggs-Adams, President, NABET-CWA Local 51
Javad Ayala, President, NABET-CWA Local 53
Kevin Gallo, Regional Vice President 5, NABET-CWA
Frank Arce, Vice President, Communications Workers of America District 9

Glazer Also Opposes Agreement, Calls it “Inadequate”

State Senator Steve Glazer (D-SD7, Orinda).

State Senator Steve Glazer (D-SD7, Orinda), who represents most of Contra Costa County and has his own bill on the matter, SB911, also does not support the deal and on Wednesday issued the following “Statement on Wicks-Google Agreement”: 

“Despite the good intentions of the parties involved, this proposal does not provide sufficient resources to bring independent news gathering in California out of its death spiral.

Google’s offer is completely inadequate and massively short of matching their settlement agreement in Canada, in supporting on-the-ground local news reporting.

Democracies live and die based on the free exchange of information and oversight between government and its people. Autocracies and dictatorships thrive when that information is constrained or manipulated.

The hollowing out of independent news gathering and the monopoly power of these digital platforms is an existential threat to our democratic republic.

This agreement, unfortunately, seriously undercuts our work toward a long term solution to rescue independent journalism

There is a stark absence in this announcement of any support for journalism from Meta (parent company of Facebook and Instagram) and Amazon. These platforms have captured the intimate data from Californians without paying for it. Their use of that data in advertising is the harm to news outlets that this agreement should mitigate.” 

Questions for Wicks About the Agreement and Initiatives Go Unanswered

Questions were emailed Wednesday night to Wicks’ Director of Communications, Erin Ivie, asking, “Do you email out press releases to media that cover her district? Was there a press conference held announcing the agreement?”

Other local media publishers in Contra Costa County didn’t receive the press release about the agreement nor an invitation to any press conference at which it was announced, either.

She was also asked the following:

“Why didn’t she reach out to the local media that cover her district for our input like Congressman Mark DeSaulnier did for his legislation?

Which news publishers, major tech companies and philanthropy are party to the agreement?

Can you ease provide copies of the two initiatives mentioned in the press release or the link to where they can be found?

What are the definitions of ‘newsroom’, ‘local journalist’ and ‘local news outlets’ mentioned in the press release, including in a quote by the Assemblywoman?

Which newsrooms will qualify for the funds? Who will determine which newsrooms will receive the funds and how much they will receive?

Will the funds be provided directly from the tech companies and philanthropy to the newsrooms, or will they be funneled through a state government agency? Will there be an application process and to whom will the applications be submitted?

Who will be working on both initiatives? How does a local news publisher get involved in the process?”

Finally, Ivie was asked, “Won’t the allocation of taxpayer funds included in the agreement still require legislation to be passed? If so, what will be the process? Will the Assemblywoman continue to pursue passage of AB866? If so, will it be amended to include the elements of the agreement?

UPDATE: Wicks’ Staff Provides Details of Deal

In response, Ivie provided the “Deal Framework, Measures to support democracy, journalism and AI innovation” (see below). In addition, she provided answers to the Herald’s questions:

“Eligible for the funding are nonprofit and for-profit news organizations who have been around for at least two years. The funding is awarded by headcount, overseen by a diverse board (outlined further down). 

The one exception is commercial broadcasters, who were carved out of the agreement because they continue to generate healthy profits from advertising dollars. 

The funds will be distributed by the UC Berkeley School of Journalism, by an approved claims administrator who typically handles complex distributions of class action settlements. Details of the application process are forthcoming, but in the meantime, anyone interested can contact our office to get on a list to receive those details.

The state is currently committed to providing a minimum of $70M over 5 years, and that commitment is limited to the journalism fund only. Google has committed to $110M minimum over the same time frame, plus $62.5M for their AI accelerator. 

That means that taxpayer funds could be used to support the journalism fund, but not the work of the AI accelerator. It will not require legislation to be passed, but it will require a budget allocation (in January), which the Governor has already committed to. 

Our office, Google, the UC Berkeley School of Journalism, plus a seven-member governing board. That board will consist of two CNPA members, one member from Ethnic Media Services, one from Local Independent Online News (LION), one from Latino Media Collaborative, one from California Black Media, and one from Media Guild of the West. 

Any local news publisher who wants to get involved can email our office and be brought into the fold. If you’re interested, please email our Legislative Director Zak Castillo-Krings at zak.castillo-krings@asm.ca.gov

The agreement was made in lieu of AB 886, and the bill will no longer move forward.”

Deal Framework

Measures to support democracy, journalism and AI innovation

1. Summary: Creation of first-in-the-nation partnerships that will provide nearly $250 million in public and private funding over the next five years, with the majority of going to support newsrooms. The goal is to front-load $100 million in the first year to kickstart the efforts. Total investment could increase over the next several years if additional funding from private or state sources becomes available.

2. State Contribution: 30mm in year one. 10mm in each of the next four years (years 2-5). All money will be contributed to a new fund established at UC Berkeley School for Journalism.

3. Google Commitment to Journalism, up to 30mm a year, as follows:

a. Year one:

$15mm to the Journalism Fund

$5mm to AI fund accelerator

$10mm in funding for existing journalism programs

b. Years 2-5: Google continues its contribution to Journalism Fund at 10mm minimum. Google maintains 10mm in funding for existing journalism programs

4. National AI Accelerator

a. Managed by as-yet-to-be finalized non-profit organization, under terms to be

defined by funders

b. Google commitment of additional 10mm to Accelerator

c. Google commitment of additional 2.5mm to fund AI research

d. Additional contributions from other tech companies

5. UC School of Journalism non-profit public charity

a. Administration costs are not to exceed a customary overhead

b. Purpose is to bolster UC’s efforts to support and catalyze local news

throughout the state

c. Overseen by a 7-member governing board:

i. CNPA member

ii. CNPA member

iii. Ethnic Media Services

iv. Local Independent Online News

v. Latino Media Collaborative

vi. California Black Media

vii. Media Guild of the West

d. Funds allocated by board to be distributed by claims administrator

e. 12% of funding reserved for locally focused publications and publications targeting underrepresented groups

f. The function of the board will be to validate the distribution formula based on the number of journalists per publication. Funds to be distributed to eligible organizations by dividing the number of eligible journalism positions or

freelancers of each organization by the total number of overall eligible positions multiplied by the total eligible amount in the fund consistent with the current language of AB886. The board will have no other discretion relative o the distribution of funds.

g. The definition of a journalist does not include broadcasters

6. Additional State Support:

a. California will work with its departments on plans to prioritize state government advertising in local publications and publications in underserved markets, with the goal of redirecting millions in advertising dollars.

Erin Ivie, Director of Communications, Office of Assemblymember Buffy Wicks and Steven Harmon, Communications Director for the Office of State Senator Steve Glazer contributed to this report.

Housing, transit advocates decry $20 billion regional housing bond measure pulled from Bay Area ballot

Wednesday, August 21st, 2024
Photo source: Transform

Transform’s leader calls it “a tragic missed opportunity” and “major setback for our climate and transportation goals”; labels opponents who successfully challenged measure, “extremist anti-housing and anti-government activists”

“RM4 barely polled 54% before we even had a chance to open our mouths about it. Are 46% of the citizens of the Bay Area ‘extremist anti-housing and anti-government activists’?” – 20 Billion Reasons campaign opposition leader Gus Mattammal

By Allen D. Payton

In an email to supporters and an announcement this week, Jenn Guitart,Executive Director of Transform decried the removal of the $20 billion Bay Area housing measure from the November ballot and demonized those who successfully challenged it. According to polling commissioned by the Bay Area Housing Finance Authority which placed the measure on the ballot, they found that only 54% of likely voters supported the bond. That’s much lower than the 66.7% support of voters required for it to pass. (See related articles here and here)

Labeled “What It Means for Our Movement” Guitart’s email and identical announcement on the Transform’s website read:

On Wednesday morning, the Bay Area Housing Finance Authority (BAHFA) unanimously voted to remove Regional Measure 4 from the 2024 ballot. The measure would have raised $20 billion to alleviate the Bay Area’s housing and homelessness crisis. Unfortunately, the measure was scuttled in response to a series of eleventh-hour challenges by extremist anti-housing and anti-government activists. This is a tragic missed opportunity for voters to say yes to urgently needed affordable housing and homelessness funding.

This decision is heartbreaking for Transform and other housing advocates, and, more importantly, for the hundreds of thousands of people in our region who now must wait longer for the affordable housing and homelessness solutions Bay Area residents need and deserve.

The decision is also a major setback for our climate and transportation goals. By funding the construction of over 40,000 new affordable homes near transit, the measure would have reduced greenhouse gas emissions by over three million tons and spurred an additional five million transit trips per year.

While it is frustrating that a well-resourced group of naysayers halted progress on housing and homelessness this election, Transform and our partners will continue to build the necessary power to win big on these critical issues.

Looking Forward

All is not lost in the fight for affordable housing. Transform and our partners will be working hard to pass Prop 5 this November, which will lower the voter approval threshold for housing and public infrastructure bond measures (from a two-thirds vote) to 55%. This measure is critical to advancing future affordable housing bond measures across the state.

Beyond November, our region continues to face significant challenges, from the housing and homelessness crisis to a looming transit fiscal cliff. New regional funding measures for both transportation and affordable housing are urgently needed. Passing both measures in the coming years will take unprecedented collaboration, creativity, and courage.

Transform will play a leading role in both these efforts as we continue our work to empower communities of color, innovate solutions, and advocate for policies and funding — all with the aim of helping people thrive and averting climate disaster. And we will need supporters like you in this fight to build up the necessary resources, political will, and movement organizing to beat the anti-taxers in future election cycles.

In the meantime, get ready to vote yes on Prop 5 in November, and stay tuned for future calls to action in the fight for housing, transportation, and climate justice for our region.

Transform Executive Asked Why She Demonized Measure’s Opponents

Guitart was asked why she would demonize the opponents to the measure when it only polled at 54% support prior to it being placed on the ballot, which is much lower than the 2/3rds vote currently required and also less than the 55% threshold required for a future vote should Prop 5 pass. She was also asked if she’s claiming 46% of the public who opposed it in the poll are also “extremist anti-housing and anti-government activists” and isn’t she risking angering those who opposed the measure from the start, some of whose support will be needed for passage of a future ballot measure.

Guitart was then asked with such a low level of support, shouldn’t the measure have been revised before it was placed on the ballot in order to address some of the concerns of the opposition to ensure a better possibility of it passing.

She was also asked instead wouldn’t it be better if Transform worked with the opponents to try and find common ground or a ballot measure that will be less anathema to them for a possible future vote or to achieve her organization’s goals

Finally, Guitart was asked if she is willing to offer a public apology to the measure’s opponents, revise her public statement removing the swipes at them and tone down the divisive rhetoric.

However, in response Guitart shared that she is unable to respond right now due to a family issue but wrote, “I will pass your concerns on to our team.”

Ballot Measure Opponent Leader Responds

When asked about the swipes at the opponents made by Transform’s executive director, Gus Mattammal, the leader of the opposition campaign, 20 Billion Reasons, responded, “I have a couple of responses to that characterization:

1) 20 Billion Reasons comprised Democrats, Republicans, Libertarians, and Independents – the entire political spectrum. And to be clear, Democrats were about half the group.

2) Almost everyone in the group has willingly voted for tax increases before, so it’s silly to label folks as ‘anti-tax’. If someone comes to you with an idea for a pizza with pickles, sardines, and mayonnaise, and you say ‘um, no thanks!’, does that make you anti-pizza? Or are you just anti- “this particular idea for pizza”?

No one in this group is against well-constructed policies to alleviate housing unaffordability. Unfortunately, nothing about Regional Measure 4 was ‘well-constructed policy’.

3) RM4 barely polled 54% before we even had a chance to open our mouths about it, and the polling was destined to only go down from there. That means 46% of the voters were against this from the beginning. Are 46% of the citizens of the Bay Area ‘extremist anti-housing and anti-government activists’? I’m a registered Republican, and I feel like our fortunes as a party would be very different here in the Bay Area if that were true.”

About Transform

Founded in 1997 as Bay Area Transportation and Land Use Coalition (BATLUC), according to the organization’s website, Transform works “with organizations, advocates, and community members for improved transportation and housing policies and funding. Together, we can invest in climate and equity, promote innovative transportation, support transportation shifts, and address climate-related housing issues.”

The group claims to have moved “the Overton window”, which isan approach to identifying the ideas that define the spectrum of acceptability of governmental policies that says politicians can act only within the acceptable range, “steadily toward equity and climate resilience.”

They, “envision vibrant neighborhoods, transformed by excellent, sustainable mobility options and affordable housing, where those historically impacted by racist disinvestment now have power and voice.”

For more information about Transform visit www.TransFormCA.org or call (510) 740-3150.

Civil rights lawsuit filed against City of Antioch, Antioch Police, Child Protective Services claims neglect led to 2022 toddler’s beating death

Wednesday, August 21st, 2024

Attorney says agencies “utterly failed in their duties” to protect 18-month-old girl abused by parents also named in suit

Antioch childcare facility, Pittsburg pediatrician also named

CONTENT WARNING: Information included may be disturbing to some individuals

San Francisco, August 20, 2024 — A federal civil rights lawsuit was filed in the beating death of an 18-month-old child in Antioch, alleging that a litany of individuals and agencies charged with protecting the tiny girl utterly failed in their duties and led directly to her death as the result of trauma inflicted by her biological parents.

The case, filed last week in Federal District Court on behalf of the two older siblings of the toddler, names the following defendants as negligently responsible for her horrific death: the City of Antioch, Antioch Police Department, Contra Costa Child Protective Services, Contra Costa County Regional Health Foundation, and a childcare facility, The Learning Center (actually named, The Learning Experience – see below), as well as the toddler’s biological parents, Jessika Fulcher and Worren Young, Sr.

The child was removed from her parent’s custody within weeks of her birth in February 2021 because she was in danger of neglect and abuse. Yet, over the next 16 months, the very people and institutions who were supposed to protect the toddler and her siblings failed to report obvious signs of abuse and/or failed to take action to prevent further trauma to the girl.

The child died August 26, 2022, from trauma so severe that it severed her pancreas and caused bleeding in her brain, according to doctors and the lawsuit.

The lawsuit seeks unspecified monetary damages, including punitive damages against the agencies and individuals named as responsible in the legal action.

“This child–who was still learning to walk–was brutally tortured and died a horrific death, all because the entire system that was supposed to protect her failed this innocent 18-month-old child,” said Brett Schreiber, attorney for the plaintiffs and partner at Singleton Schreiber law firm. “While her parents committed the physical abuse that killed her, their abuse was entirely enabled and abetted by social workers, police, hospitals and day care centers who should have stopped them.”

A juvenile court judge removed the toddler from the custody of her parents in March 2021, shortly after her birth.  When the child was born, both she and her mother had methamphetamines in their systems. In addition, both parents had outstanding warrants in Georgia. The children were placed in foster care.

Within weeks of the judge’s decision, however, Contra Costa County Child Protective Services (CPS) began a process intended to lead to reuniting the children with the parents, beginning with a “case plan” requiring close supervision of the parents. The case plan required the parents to submit to regular drug testing. The suit alleges that they missed half these mandated tests and failed many that they took.

A doctor at Pittsburg Health Center further noted injuries on the toddler, but neither the doctor nor the hospital notified CPS, and CPS never requested the hospital’s records.

Nonetheless, CPS soon allowed overnight visitations for the children with the parents, and by September 2021 enabled the parents to regain custody by concealing these and other facts from the judge.

The toddler returned to a household in turmoil, with Antioch police visiting the home at least three times in 2022. Yet the children remained in the home and no referral to CPS was made, even though the father was finally arrested for domestic violence and battery. The child’s daycare center, The Learning Center in Antioch, also alerted the mother regarding significant bruising on the toddler yet failed to make a mandated referral to CPS.

On August 25, 2022, Antioch Police Department officers and paramedics were called to the child’s home by her mother who reported that the girl was having trouble breathing. The girl was rushed to the hospital where doctors discovered she was the victim of severe, intentional injuries.

Her parents left the hospital during the night saying they were going out to smoke, but never returned. The girl died the following morning; a juvenile court hearing in April 2023 concluded that one or both parents were responsible for the fatal injuries.

“This was a complete dereliction of duty that resulted in the death of one young child and the lifelong loss and trauma for two others,” Schreiber said. “On behalf of those siblings, we are asking the court not only to compensate them for the life-long emotional scarring they will suffer, but also to punish those who failed to prevent this horrible tragedy so that it never happens again.”

Antioch City Attorney Thomas L. Smith and Interim Antioch Police Chief Brian Addington were asked on Tuesday afternoon if they had any comment about the lawsuit. Addington was also asked if lawsuits naming the police department are received by the chief or if they are handled by the city attorney’s office. Neither responded by publication time Wednesday evening.

Asked if the County had any comment on the lawsuit, Tish Gallegos, Community Relations and Media for the Contra Costa County Employment & Human Services Department responded, “The County has not been served with the lawsuit, therefore has no comment at this time.”

Asked whom at the County was served with the lawsuit, Sam Singer, of Singer Associates Public Relations representing Singleton Schreiber said, “I know the lawsuit was filed but it may not have been served, yet.”

The press release shows the case is O.Y., W.Y., and A.Y. v. County of Contra Costa, City of Antioch, Jessika Fulcher, Worren Young, Sr., Colleen Sullivan, Flynne Lewis, Contra Costa Regional Health Foundation, The Learning Center, Raji Ponnaluri, and Does 1 through 50filed in U.S. District Court for the Northern District of California.

Correction, Details Provided on Named Parties

However, the name of the business is actually, The Learning Experience.

Provided with that information and asked how Sullivan, Lewis and Ponnaluri are related to the lawsuit, Singer shared details from the lawsuit, including: “over the next year, from March 2021 to April 2022, during the pendency of the dependency action, CPS workers—Defendants in this action— abysmally failed to protect O.Y. and W.Y. Defendants Colleen Sullivan and Does 1-10, CPS employees, repeatedly misled and deceived the juvenile court. They represented that Defendant Parents were complying with the court’s orders documented in a ‘case plan,’ when, in fact, Defendant Parents were violating the terms of the case plan.”

Singer also shared, “defendant Flynne Lewis was a pediatrician practicing medicine at the Pittsburg Health Center who was responsible for the health, safety, and welfare of Decedent O.Y. and Plaintiff W.Y. Defendant Lewis and staff working at the Pittsburg Health Center noted and documented signs of abuse and neglect of O.Y., but failed to report such information to CPS or any law enforcement agency.”

Finally, Singer provided details about the correct name for the business and its owner which reads, “At all relevant times, Defendant The Learning Experience was a daycare center located at 4831 Lone Tree Way, Antioch, CA 94531 which was owned and operated by Defendant Raji Ponnaluri.”

Singleton Schreiberis a client-centered law firm, specializing in mass torts/multi-district litigation, fire litigation, personal injury/wrongful death, civil rights, environmental law, and sexual abuse/trafficking. Over the last decade, the firm has recovered more than $2.5 billion for clients who have been harmed and sought justice. The firm also has the largest fire litigation practice in the country, having represented over 26,000 victims of wildfire, most notably serving plaintiffs in litigation related to the 2023 Maui wildfires, the Colorado Marshall wildfire, the Washington Gray wildfire, and others.

Allen D. Payton contributed to this report.

Board of Administrative Appeals Vice Chair Webster runs again for Antioch City Council

Tuesday, August 20th, 2024
Source: Antwon Webster for Antioch City Council campaign

In District 3; offers “A Vision for a Brighter Antioch”

By Allen D. Payton

Antwon Webster officially announced his campaign for Antioch City Council in District 3 on Monday, August 12, 2024 to replace incumbent Lori Ogorchock who can’t run again since she was gerrymandered out and into District 4 by the mayor and council majority during redistricting in 2022. This is Webster’s second run for the city council having placed fourth out of the four candidates in the race. He faces two candidates this year.

Although he’s just now officially announcing, Webster filed his intent to run last October and formed his campaign committee last November and began loaning and spending funds soon after.

Following is the press release from Webster’s campaign announcing his entry into the race:

“As we approach the Antioch City Council election, we have a unique opportunity to shape the future of our community. Antwon Webster is that transformative leader ready to ignite a movement towards city improvements. With a background as a U.S. Air Force veteran and a dedicated public servant, Antwon embodies the hope and determination we need to create a better Antioch.”

His campaign offers a five-part platform:

“Thriving Local Economy – Antwon envisions bustling streets filled with thriving local businesses, where entrepreneurship flourishes and job opportunities abound. He is passionate about economic development and is dedicated to supporting local entrepreneurs through job fairs and initiatives that connect residents to meaningful employment, revitalizing the economy and fostering pride in the community.

Empowered Youth- Antwon imagines a future where youth are not just participants but leaders in shaping their community. By expanding youth engagement programs, he aims to provide mentorship and resources that inspire creativity and resilience, creating community centers alive with activities that empower young people to chase their dreams.

A Safer Antioch – He envisions a community where families feel safe, children can play freely, and elders can walk with confidence. Antwon advocates for safety initiatives that build strong, trusting relationships between residents and law enforcement, fostering unity and shared responsibility through vibrant neighborhood watch programs and community events.

Modern Infrastructure – Antwon is passionate about infrastructure improvement, advocating for parks, transportation, and community facilities that enhance quality of life. He envisions Antioch as a clean, inviting, and vibrant place where families can gather and enjoy its beautiful landscapes and amenities.

Building a Community That Grows and Thrives”

Webster has demonstrated a “commitment to serving his country and his community” his campaign announcement states. “Through his campaign, he seeks to ensure that the voices of Antioch residents are heard, and that the community thrives.”

He “possesses the knowledge and skills necessary for effective governance and community development,” and Webster’s announcement speaks of “His diverse professional background” with experience as a “project manager, design engineer, accountant, and electrician” and “business owner.”

Community Service

“In addition to his military and professional achievements, Antwon has taken on leadership roles within the community,” the announcement states.

He was appointed to the City of Antioch Board of Administrative Appeals, for which he currently serves as vice chair, “where he advocates for residents’ rights and a cleaner, safer community,” his campaign announcement reads. Webster also serves as president of the Antioch-Chichibu Sister City Organization, is founder of the non-profit EastBay Forward Economic Development Association and is the former president of Kiwanis Club of the Delta-Antioch.

“He is committed to enhancing public safety, fostering economic growth, and supporting youth programs in Antioch,” his campaign states. “His experiences have fueled his passion for public service, inspiring him to run for the Antioch City Council in District 3. Antwon aims to bring positive change and address key issues facing the city.”

Military Service, Education, Career Experience

His full name is Antwon Ramón Webster, Sr. and he is a U.S. Air Force veteran, having served a tour in Iraq and another in the United Arab Emirates from 2008 to 2010, in the global war on terrorism. He has earned a master’s degree in Public Administration and a bachelor’s in Global Supply Chain Management, both from DeVry University, according to his LinkedIn profile.

Webster currently works as the Senior Chief Logistics Manager for the U.S. Army Corps of Engineers in the Sacramento District after being promoted since the last election in 2020.

He owns 1st CLAS Manufacturing LLC based in Houston, TX. About the business Webster shared, “We’re focused on management consulting, engineering and general subcontracting.”

His campaign says, “Antwon possesses the knowledge and skills necessary for effective governance and community development” and his “extensive experience equips him to approach challenges with a well-rounded perspective and implement practical solutions” and “Antwon balances his professional aspirations with his roles as a husband” to Rika, who is serving as his campaign treasurer, “and father of five” children ages 6 to 21.

Discrepancies, Mistakes in Campaign Finances

Webster’s original campaign finance report Form 460 for the period Jan. 1 through June 30, 2024, shows he made personal loans to his committee totaling $3,320.46 and received $384 in Miscellaneous Increases to Cash of less than $100. He had $2,351.20 in campaign expenses. But the report also shows he started in the hole with a Beginning Cash Balance of negative $956.80. Yet, his original Form 460 for the 2024 campaign covering last year, shows he raised and spent no money.

Plus, Webster’s original final 460 report for his 2020 campaign, shows an Ending Cash Balance of $4,030.30, which should have been zero, as it was marked as the Termination Statement.

Also, the amounts on the Summary Page for this year’s 460 don’t match. Both columns for line 11 Total Expenditures Made and line 15 Cash Payments show three different amounts, but they should all match since it’s Webster’s first report of funds for this year’s campaign.

Webster Amends Reports

In response to questions about the discrepancies in his reports, Webster submitted Amended Form 460’s for the Termination Statement for his 2020 campaign and both of his reports for this year’s campaign, correcting the mistakes.

Webster’s Amended Form 460 Termination Statement for his 2020 campaign now shows he paid himself the remaining balance of $4,331.47 leaving an Ending Cash Balance of zero. His Amended report for last year now shows he loaned his campaign $1,500 and spent $1,093.66, leaving him with $406.34 to end the year and begin this year’s reporting. This year’s Amended report now shows a $60 contribution from himself and additional loans from Webster of $1,851 for a total of $3,531 that he’s loaned the campaign.

So far, he has spent $3,500.79 and his largest expense was for $956.80 to CA State in Long Beach for campaign mailers last year. This year Webster’s campaign paid $750 to Kingdom Graphix of Antioch for video ad service. As of June 30th, his campaign had an Ending Cash Balance of $394.20 to spend on his campaign.

Offers “A Vision for a Brighter Antioch”

“Together, we can move Antioch forward, creating a community that is proud of its homes, landscapes, businesses and leadership,” Webster stated. “Together let’s build a brighter Antioch—your voice matters, and your vote is the key to unlocking our community’s full potential!

His campaign asks Antioch residents to “Join the Movement!” and claims “Antwon Webster is more than a candidate; he is a beacon of hope for Antioch. His unwavering commitment to listening to Antioch’s voices and addressing residents’ needs makes him the right choice for City Council.

Now is the time for Antioch residents to walk beside Antwon Webster. Let’s create a powerful wave of change that resonates throughout our neighborhoods, inspiring friends and neighbors to join us in building a safer, more vibrant, and prosperous community. Share Antwon’s vision, and let’s spread the message of hope and unity.”

One of Three Candidates in District 3

Webster will face two other candidates in the District 3 council race, including former Antioch Mayor and Councilman, and former Contra Costa Water District Board Member Don Freitas, and newcomer Addison Peterson. For more information about Webster’s campaign visit https://antwonwebster.com, email Antwon@AntwonWebster.com or call (925) 204-5482

The election is Tuesday, November 5th.

CA Attorney General announces settlement agreement with Rite Aid Corporation to continue providing pharmacy services statewide

Tuesday, August 20th, 2024

Company agrees to conditions resolving competitive impacts related to changes in ownership involving retail pharmacy outlets

OAKLAND — California Attorney General Rob Bonta today announced a settlement with Rite Aid Corporation (Rite Aid) operating as an injunction to enable him to review changes of ownership involving their retail pharmacy outlets statewide. Additionally, the settlement includes injunctive conditions that resolve competition-related concerns to ensure remaining Rite Aid pharmacies provide necessary medication and healthcare services to Californians, specifically those who may rely on Medi-Cal and Medicare, and protect workers at stores that are sold or closed. Today’s settlement reflects the Attorney General’s efforts to prevent the continued growth of pharmacy deserts, which disproportionately impact low-income individuals, the elderly, and people of color, all of whom are also patients of Rite Aid. The settlement was reached under Assembly Bill (AB) 853.

“Pharmacies are often the most accessible healthcare providers, offering vital services for the well-being of individuals and families. Without them in our communities, Californians could face significant barriers in managing chronic conditions, receiving timely medications, and accessing preventative care,” said Attorney General Bonta. “Today, with AB 853 and conditions set by my office, Californians who rely on Rite Aid pharmacies can continue accessing their medications and essential healthcare services they need to live healthy and fulfilling lives.”

Rite Aid filed for Chapter 11 bankruptcy and began closing nearly 550 stores nationwide since October 2023. California experienced the closure of more than 100 stores statewide; however, approximately 71% of all stores in California have remained open throughout the bankruptcy and with one exception in San Diego, there were two or more competitive alternatives close by for the closed stores. This June, Rite Aid’s bankruptcy restructuring plan was approved by the United States Bankruptcy Court for the District of New Jersey, which turns over control of the company to a group of its lenders.

Under the settlement and AB 853, Rite Aid agrees to the following conditions for the next five years:

  • Use commercially reasonable efforts to maintain the remaining Rite Aid stores, as well as all required licenses.
  • Provide 90-day notice of sale or closure of remaining Rite Aid stores.
  • Continue participation in Medi-Cal and Medicare if commercially reasonable.
  • Provide financial assistance to patients if commercially reasonable to do so.
  • Continue free delivery services to patients who were receiving these services from a closed store in San Diego.
  • Ensure compliance with state staffing levels.
  • Maintain hiring list for all employees from stores that close going forward for preferential hiring at other Rite-Aid stores.
  • Use commercially reasonable efforts to pay retirement contributions if collective bargaining agreements require such payments.
  • Use commercially reasonable efforts to abstain from contesting unemployment for individuals who are laid off as a result of the sale or closure of Rite Aid stores if no nearby Rite Aid store offers employment.
  • Comply with nondiscrimination rules in the provision of healthcare services and to commercially reasonable efforts to provide financial assistance to patients.

The California Department of Justice’s Healthcare Rights and Access Section (HRA) works proactively to increase and protect the affordability, accessibility, and quality of healthcare in California. HRA’s attorneys monitor and contribute to various areas of the Attorney General’s healthcare work, including nonprofit healthcare transactions; consumer rights; anticompetitive consolidation in the healthcare market; anticompetitive drug pricing; privacy issues; civil rights, such as reproductive rights and LGBTQ healthcare-related rights; and public health work on tobacco, e-cigarettes, and other products.

A copy of the settlement can be found here.

Buchanan Road widening under construction to serve new home development in Pittsburg

Tuesday, August 20th, 2024
Construction work to widen Buchanan Road between Somersville Road in Antioch and Meadows Avenue in Pittsburg to serve the Tivoli development is expected to be completed this fall. Photos by Allen D. Payton

Plus, other required mitigations for traffic impacts all paid for by developer, expected to be completed this fall

By Allen D. Payton

For those who live or work in East County and haven’t driven on Buchanan Road west of Somersville Road in Antioch, lately, you might not be aware the road is being widened to accommodate a new home development. Seeno Homes’ Tivoli at Tuscany Meadows in Pittsburg will include 917 single family homes and 365 multi-family units on 135.6 acres surrounding the Chevron property. The development was approved in 2015 and 2016 and has some residents concerned about traffic impacts. City of Pittsburg staff say all the mitigations that were proposed in the plans are being implemented. They include widening Buchanan Road to four lanes plus, turn lanes between Somersville Road in Antioch and Meadows Avenue in Pittsburg, as well as nearby affected roads and intersections.

The project will also include an internal collector street, labeled Sequoia Drive, which will connect and provide the new residents access to Somersville Road in Antioch. But the main street in the new development, labeled Tuscany Meadows Drive, will not connect to James Donlon Blvd. using Metcalf Street in Antioch until the long-planned James Donlon Blvd. extension to Kirker Pass Road in Pittsburg is completed. But that project is currently on hold, according to city staff.

City staff also shared, all the mitigations for traffic impacts are being paid for by the developer.

The eastbound view of the Buchanan Road widening project near the Tuscany Meadows Drive entrance to the Tivoli new home development on Thursday, August 15, 2024.

According to the Project Description in the Draft Environmental Impact Report, “Historically the project site was used as an above-ground crude oil tank farm owned by Chevron USA, Inc. However, the tanks and associated piping were removed from the site in 1981.”

According to the City of Pittsburg staff report for the project, the Tuscany Meadows Residential Subdivision consists of 917 single family homes and 365 multi-family residential units on an approximately 170-acre vacant site. The site consists of two parcels bounded on the north by Buchanan Road, to the east by the Contra Costa Canal and Somersville Road, to the south by the Black Diamond Estates residential development (in Antioch), and the west by the Highlands Ranch residential development (in Pittsburg). The project site is located in what was an unincorporated area of Contra Costa County, California between the City of Antioch and the City of Pittsburg limits. In 2011, the City of Pittsburg Urban Limit Line and General Plan were amended, via voter initiative, to reflect and accommodate the proposed project area in anticipation of future annexation and development.

The land was later annexed into the Pittsburg city limits.

The Tuscany Meadows Project Location map showing internal streets and connections. Source: Traffic Impact Analysis

Traffic Impacts

According to the Traffic Impact Analysis (TIA) for the project, dated July 30, 2014, the new homes “would contribute to LOS (level of service) operations exceeding the established standards at the following seven intersections: Railroad Avenue at Leland Road (Intersection #3) Buchanan Road at Harbor Street (Intersection #7) Buchanan Road at Loveridge Road (Intersection #12) Buchanan Road at Ventura Drive (Intersection #13) Buchanan Road at Tuscany Meadows Drive (Intersection #15) Buchanan Road at the Tuscany Meadows Apartments (Intersection #17) Buchanan Road at Somersville Road (Intersection #22).”

As shown in Table 5 of the TIA, entitled, “Trip Generation Calculations”, the new home development will produce almost 10,500 Average Daily Trips with most of them from the single-family homes.

Tuscany Meadows Trip Generation Calculations table. Source: Traffic Impact Analysis

Mitigation Measures

The TIA included multiple measures to mitigate the traffic impact on Buchanan Road and other nearby roads and intersections.

The report reads, “The improvements listed below are not currently included in the City’s Transportation Impact Fee Program. Prior to construction of the identified improvements the project would mitigate the above-identified impacts by either constructing the required improvements as outlined below or paying a proportionate share of the construction costs, subject to City approval. The intersection mitigations required for the project to meet the established LOS standards include the following:

Railroad Avenue at E. Leland Road – Construction of an additional southbound left-turn lane and associated widening.

Buchanan Road at Harbor Street – Widening of Buchanan Road at the intersection to allow for the construction of two through lanes on the westbound approach as well as two receiving lanes on the west side of the intersection.

Buchanan Road at Loveridge Road – Widening of Buchanan Road at the intersection to allow for the construction of two through lanes on the westbound approach as well as two receiving lanes on the west side of the intersection.

Buchanan Road at Ventura Drive – Widening of Buchanan Road at the intersection to allow for the construction of two through lanes on the eastbound approach as well as two receiving lanes on the east side of the intersection. Alternative Mitigation: Implementation of PM peak hour metering of southbound Kirker Pass Road at Pheasant Drive (the project has a significant impact in the PM peak hour only).

Buchanan Road at Tuscany Meadows Drive – Widening of Buchanan Road at the intersection to allow for the construction of two through lanes on the eastbound approach as well as two receiving lanes on the east side of the intersection. Alternative Mitigation: Relocation of control point metering to this location and implementation of PM peak hour metering of southbound Kirker Pass Road at Pheasant Drive.

Buchanan Road at the Tuscany Meadows Apartments Entrance – Widening of Buchanan Road at the intersection to allow for the construction of two through lanes on the eastbound approach as well as two receiving lanes on the east side of the intersection. Alternative Mitigation: Implementation of PM peak hour metering of southbound Kirker Pass Road at Pheasant Drive (the project has a significant impact in the PM peak hour only).

Buchanan Road at Somersville Road – Construct an additional eastbound left turn lane to allow for a dual left turn movement onto northbound Somersville Road and an additional northbound lane to allow for a dual left turn movement onto westbound Buchanan Road. Alternative Mitigation: Implementation of PM peak hour metering of southbound Kirker Pass Road at Pheasant Drive.

Beyond these intersections, the analysis indicates the project would not cause any other significant impacts to traffic operations in the area. Please note that mitigations are only proposed to address PM peak hour conditions at the signalized intersection of Buchanan Road with Tuscany Meadows Drive. No mitigations are required to address AM conditions at this intersection because, as discussed in Section 5.5, AM peak hour traffic operations on Buchanan Road are covered by a traffic management plan (TMP) which was adopted as part of the East County Action Plan.

Tuscany Meadows Transportation Analysis map. Source: Traffic Impact Analysis

Buchanan Road is a Route of Regional Significance

According to the 2017 East County Action Plan for Routes of Regional Significance, Buchanan Road is included in the list, “Between Somersville Road and Railroad Avenue. This route serves as a conduit for traffic from East County communities to get to Kirker Pass Road and from there to Central County. Note that Buchanan Road will no longer be designated as a Route of Regional Significance once the James Donlon Boulevard extension is constructed.”

Westbound view of Buchanan Road widening at the southbound entrance to Tuscany Meadows Drive the main road serving the development where the model homes have already been built.

Pittsburg Public Works Director Provides Additional Details

Questions were sent to Pittsburg Community & Economic Development Director Jordan Davis, Assistant Director John Funderburg and Planning Division Senior Planner Hector Rojas, who is the lead agency contact for the project. They were asked when the widening construction is expected to be completed, how it’s being paid for, if either from the per home developer fee imposed by the East Contra Costa Regional Fee and Financing Authority (ECCRFFA) or the county’s half-cent sales tax revenue from Measure J, and which traffic mitigations were included in the approval for the project.

Finally, they were asked where things stand in the process for extending James Donlon Blvd. through the Sky Ranch II development and connecting it to Kirker Pass Road. The adjacent 163-acre, 415 home development, planned for the land south of the Tivoli at Tuscany Meadows project and west of the existing homes in Antioch, was approved in 2004 but has yet to begin construction.

Pittsburg Public Works Director John Samuelson provided the answers. He responded, “The widening of Buchanan Road is scheduled to be completed this Fall. These improvements were a condition of approval on the development and is fully funded by the developer. No ECCRFFA or Measure J funds are being used.

All mitigations identified in the traffic study were used as conditions of approval for this development project.”

The planned James Donlon Blvd. Extension is shown on the map from the 2017 East County Action Plan for Routes of Regional Significance. It also shows another long-planned road connecting to both Buchanan Road and Delta Fair Blvd. in Antioch next to Los Medanos College, labeled Standard Oil Drive.

James Donlon Blvd. Extension from Antioch to Kirker Pass Road on Hold

Samuelson also shared, “The James Donlon Extension Project has been put on hold. There have been some challenges with this project which has caused the City of Pittsburg to change priorities. This is still an important project for this region, and we hope to make progress once development occurs in this area.”

To learn more about new home development and other projects in the City of Pittsburg see the Community Development Department Planning division’s Current Project Pipeline at www.pittsburgca.gov/services/community-development/planning/current-project-pipeline. To learn more about the homes in the Tivoli at Tuscany Meadows development visit www.seenohomes.com/tivoli.

Low-cost mobile pet spay and neuter service in Tuesdays, Aug. 20 & 27, Sept. 10 & 17

Monday, August 19th, 2024

Joybound People & Pets will be setting up their rig outside of Antioch Animal Services on Tuesday, August 20th at 8am. This is first-come, first-served, spay/neuter services at affordable cost.

Please read all details as there are limitations on size / numbers of animals per household.

We advise getting here early!

Thank you to Joybound for this valuable service.

Antioch Animal Services is located next to the Antioch Police Facility at the corner of W. 2nd and L Streets in Rivertown.