Opinion: The Past, Present and Future of Protecting Our Coast

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EDITOR’S NOTE

Steve Palopoli editor good times santa cruz california

My first-ever cover story for Good Times, back when I worked for this paper as a young journalist in the ’90s, was about the fifth anniversary of the Monterey Bay National Marine Sanctuary. The main things I remember from reporting on it in 1997 were that 1) a lot of people were still stunned that then-Congressmember Leon Panetta and a large group of passionate advocates had been able to pull off this, since environmentalists had been pushing for it for more than two decades (and Ronald Reagan, while president, had nearly killed the effort entirely in 1983); 2) some people were still a bit fearful that this incredible new guarantee of protection for our coastline was somehow going to be yanked away; and 3) scientists were totally upfront about the fact that we had barely scratched the surface of what there was to learn from the vast habitat we were protecting.

As Erin Malsbury’s cover story this week reveals, a lot has changed in 25 years. The Monterey Bay as a national marine sanctuary is a way of life. But I think it’s interesting that though we know a lot more about the waters off our coast now, there is still the feeling that there’s so much more to discover.

I also urge you to read Leonie Sherman’s companion piece in this issue, about the proposed Chumash Heritage National Marine Sanctuary. Between them, these stories are not only a commemoration of how we’ve protected our coastal waters in the past, but also an important look at how we need to expand those protections today.

I also want to send out our best hopes for healing to our dear colleague Matt Scott, who has written the “Local Talk” column for many years. Read this week’s “Good Idea” and please donate to his Go Fund Me. Thank you.

STEVE PALOPOLI | EDITOR-IN-CHIEF


PHOTO CONTEST WINNER

A youth sailing class in the bay. Photograph by Susan Japinga.

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GOOD IDEA

HELP MATT SCOTT

This one’s personal: we ask you to support a beloved member of both the Good Times extended family and the larger Santa Cruz community, Matthew Cole Scott. Scott, who many locals will know from his years photographing and writing GT’s “Local Talk” column before the pandemic, was severely injured in a motorcycle accident on July 1, and airlifted from Dominican Hospital to Natividad Trauma Center in Salinas in critical condition. According to family friends, he was still on a ventilator as of last weekend. Donate at https://gofund.me/b3c7cc86.


GOOD WORK

CABRILLO ROBOTICS

Last week, Cabrillo College Robotics Club announced that it won first place in the MATE ROV Competition, a worldwide underwater robotics competition. Ciaran Farley, Isaac Wax, and Spencer Koontz represented Cabrillo’s robotics club at this year’s 20th Championship. The team won First Place Overall in the Pioneer Division, as well as the Engineering Presentation Champion award and the Technical Documentation Champion award.


QUOTE OF THE WEEK

“The world’s finest wilderness lies beneath the waves.”

—Robert Wyland

What the Monterey Bay National Marine Sanctuary’s 30th Anniversary Really Means

Giant kelp forests are sometimes called the underwater counterpart to the redwoods. But almost 5,000 feet deeper, another forest gently sways in the cold, dark currents. 

Sunlight never reaches these depths, but if it did, it would illuminate towering pink corals, neon yellow sponges, orange anemones and animals yet to be discovered.

This deep-sea habitat lies within the Monterey Bay National Marine Sanctuary (MBNMS), which  stretches from Marin to Cambria along the California coast. It runs nearly 13,000 feet deep and includes beaches, rocky shorelines, estuaries, kelp forests and landscapes never before seen.

This September, the sanctuary will mark its 30th anniversary, while the National Marine Sanctuary Act commemorates its 50th. The celebration includes a nationwide photo contest and the issuance of 15 USPS stamps at a ceremony in Santa Cruz on August 5.

Over the decades, MBNMS has provided inspiration, research and recreation to local communities and visitors from around the world.

The study of whales has produced some of the most fascinating research to come out of the Monterey Bay National Marine Sanctuary.

Off the Hook

In the early 1980s, President Ronald Reagan’s secretary of the interior, James Watt, proposed bidding the entire continental coastline to oil companies. But the 1969 Santa Barbara oil spill had demonstrated the environmental risks of offshore drilling, and Santa Cruz County wanted no part in it.

Leon Panetta, who was serving as the Central Coast’s congressional representative, organized a meeting with Mendocino representative Don Clausen to convince Watt to exempt certain areas from the bidding. During the meeting, they displayed photographs of beautiful coastline. 

“Watt got up and walked over to one of those photographs with this wry smile on his face and pointed to this area where the waves were crashing and said, ‘You know, this would be a perfect place for an offshore drilling rig,’” Panetta tells GT. “And I thought, ‘Oh man, this is going to be tougher than I thought.’”

Panetta drafted a drilling moratorium and attached it as an amendment to an appropriations bill, which fund government operations annually. Funding would not be available to the administration if it proceeded with bidding.

“It was not easy,” Panetta says. “We were facing opposition, obviously, from oil states.” 

But a delegation of coastal states came together to support the moratorium, which passed in the House and Senate. Still, it was no permanent solution. 

“I was worried that if we faced a gas situation like we’re facing now, where there’s gas shortages and people are paying high prices, that ultimately the moratorium was likely to be defeated,” says Panetta.

He knew a marine sanctuary would provide longer-term protection. In 1992, Panetta and cosponsors made it a reality. 

“We could make a unique case that this was an area that requires special protection, and so that’s what led to the bill being included in the sanctuary reauthorization,” says Panetta. “It’s always been one of my proudest achievements as a congressman, working with the community and being able to look out at that coastline and know that it is protected.” 

Anacapa Island off the coast of California is part of the Channel Island National Park. The proposed Chumash Heritage National Marine Sanctuary would extend from the southern end of the Monterey Bay National Marine Sanctuary to the Channel Islands National Marine Sanctuary.

Serengeti of the Sea

“When you look at the shape of the sanctuary, you can see that it really protects the Monterey Bay Canyon,” says Lisa Wooninck, the MBNMS Superintendent. 

The Monterey Canyon is the largest of its kind along the West Coast. It begins at Moss Landing and extends out onto the abyssal plain two-and-a-half miles below the sea surface.

In the spring and summer, offshore winds push warm water away from the coast, and cold, nutrient-rich water rises from the deep. This process, called upwelling, supports life in the bay. 

“That’s the engine for the amazing productivity that we have in this area,” says Wooninck. The whales, the birds, the fish and turtles—“we often call it the Serengeti of the sea because of the amount of wildlife that comes through to enjoy the amazing food,” she says.

In addition to preventing offshore drilling, the sanctuary prohibits harmful discharges and the disturbance of wildlife. 

These protections make it an ideal location for studying marine life.

“The Monterey Bay is the best place to do marine science in the whole world,” says Andrew DeVogelaere, who oversees the sanctuary’s research program and has worked within MBNMS for 27 years. “We have the highest density of marine science institutes, and we have an amazing intellectual capability.”

DeVogelaere watched the sanctuary change over the years. Technological advances made exploration easier, collaborations grew stronger and habitats and marine life rebounded. But the problems changed, as well. Climate change and microplastic pollution threaten the sanctuary in new ways. And to better protect the oceans, we need to learn more about them. 

“We’re impacting the deep sea before we even know how it functions,” says DeVogelaere.

As we spoke, he was preparing to board a Monterey Bay Aquarium Research Institute (MBARI) ship to visit Davidson Seamount. The undersea mountain was added to the sanctuary in 2008 because of its remarkable deep-sea corals. One of the most striking types, called bubblegum coral, often stretches over eight feet tall.

But another phenomenon also draws researchers back. In 2018, scientists from the sanctuary and the Ocean Exploration Trust discovered over a thousand octopus mothers brooding eggs on the seamount.

“We protected Davidson Seamount and added it to the sanctuary in 2008 mostly for the deep-sea corals, and it turns out there’s also this other interesting and important habitat,” says DeVogelaere. “So you don’t always know what you’re protecting when you protect an area of the seafloor.”

The Deep End

Future discoveries remain hidden in the depths of MBNMS.

“We’ve mapped it all, but we haven’t gone down with the remotely operated vehicle and actually explored very much of it. I’d say probably less than 10%,” estimates George Matsumoto, senior education and research specialist at MBARI. 

“Anytime we go to a new location, we usually find something new,” he says. “It’s remarkable just how biodiverse the canyon is.”

MBARI works closely with sanctuary scientists and uses technology like underwater robots, deep-sea microphones and environmental DNA collection to learn about life in MBNMS. 

“We’re fortunate to be working with a sanctuary that is so interested and concerned about the marine ecosystem,” says Matsumoto. “They’re very engaged in research and outreach.”

The sanctuary has a resource protection team, a research team and an outreach and education team. But with only 12 full-time staff members, 12 contractors and a handful of summer interns, they rely on partnerships. 

The current budget for managing all 15 national marine sanctuaries and two national monuments—a total area the size of Alaska—is $61 million. President Biden recently requested that Congress increase that amount to $87 million.

“Using that, we could invest more into research, raising stewardship and connecting others to the sanctuary,” says Wooninck.

MBNMS has two visitor centers—one in San Simeon and one in Santa Cruz. The Sanctuary Exploration Center in Santa Cruz closed in March of 2020 and just reopened in June.

“One of the things we’re focusing on moving forward is connecting with different audiences and trying to reach communities we didn’t traditionally reach,” says Wooninck. “It’s amazing when you find out how many kids who live just five or ten miles from the ocean have never been to the ocean.”

The sanctuary recently secured a $300,000 grant from California State Parks to connect students to the sanctuary. 

“We have a four-year grant, and we’re going to be specifically working with Watsonville schools fourth and fifth-graders,” says Wooninck.

“We’re trying to reach more underrepresented communities, indigenous communities adjacent to the sanctuary—not just our sanctuary, but all sanctuaries—and are really trying to expand our reach and help people to connect more with the ocean.”

Behind the Push for a Chumash Heritage National Marine Sanctuary

In 1990, when Monterey Bay was nominated for consideration as a National Marine Sanctuary, some of the more radical supporters proposed a boundary extending almost to Point Conception. Three decades later, that vision may become a reality. And the effort is led by Chumash Natives, the Central Coast’s original ocean stewards.

The proposed Chumash Heritage National Marine Sanctuary (CHNMS) would stretch from the southern end of the Monterey Bay National Marine Sanctuary to the Channel Islands National Marine Sanctuary, creating an unbroken protected marine area of almost 15,000 square miles. The National Oceanic and Atmospheric Administration (NOAA) hopes to complete designation by the winter of 2023. 

“The idea of calling it the Chumash Heritage National Marine Sanctuary is a form of recognition for all those people, both past and present, who have not been recognized before as natives by the federal government,” explains Bear Clan elder Michael Khus-Zarate. “If the proposed sanctuary is designated, it will be a magnet for further revitalization of Chumash people throughout the Central Coast. It’s a way of confirming our continued existence as well as our continued responsibilities and obligations to be caretakers of the land and water.”

The tribe’s territory once reached from roughly Morro Bay to Malibu, and their advanced ocean-going crafts allowed them to travel along the coast and to the Channel Islands. “The Chumash have a maritime culture and tradition,” explains Khus-Zarate. “Our relationship with the ocean is primarily one of respect and reverence. The ocean helps us understand our proper place in the world, helps us feel humble … We don’t own the land or the waters, it’s not ours to give away or share, it’s ours to caretake.”

Creating a National Marine Sanctuary requires patience and dedication. For over 40 years, marine sanctuaries were proposed by state or federal agencies. In 2015, NOAA opened the process to local communities. After six months of meetings and paperwork, the Northern Chumash Tribal Council nominated the CHNMS; NOAA asked for more detail. Six months later, the NCTC submitted a revised proposal, which was accepted. 

“That just put us in the inventory, a little file that says at some point in the future NOAA can decide to start the designation process—or not,” explains PJ Webb, legal advisor to the NCTC.

The CHNMS nomination sat inactive during the Trump administration. After five years, NOAA needed to review it. “We worked hard and got 14,000 comments during the public comment period, with no paid staff, no monetary resources, just blood sweat and tears,” Webb says. “Those comments were overwhelmingly in support of the sanctuary. It kind of blew NOAA out of the water, sometimes there are only 5 or 55 or 100 comments.”

Violet Sage Walker, the chairperson of the NCTC and nominator of the CHNMS, carries on the work of her late father, Fred Collins, who worked to protect Chumash waters for decades. “Most indigenous people feel obligated to continue the traditions of their ancestors,” she explains. “This is not something we can take a break from. We don’t, like, clock out after 40 hours. We are obligated to do this forever, until designation is secured, and then we are obligated to co-manage. We will work on this until we die.”

Sage Walker believes this indigenous perspective was critical in moving forward with the sanctuary. “We bring something to the table nobody else brings,” she explains. “We can talk about spirit and how the ocean is important for people’s spiritual health. This isn’t just about biodiversity, it’s about our soul, our happiness, our healing, our ancestors. That’s what made our nomination stand out among all the other ones.”

Public scoping began November 10, 2021. “NOAA asks for very specific scientific criteria, which only marine biologists can satisfy, but we did our best to translate that into lay persons language,” explains Webb. “The deadline for the scoping process was extended; people who opposed the sanctuary thought it was too short.” In just under three months, between 25,000-30,000 comments were generated. “The overwhelming majority, over 90%, were in support of the sanctuary,” says Webb. “And that happened in the middle of a pandemic, over Christmas and New Years.” 

The main opposition comes from people in the fishing industry who worry about how sanctuary status and federal oversight will affect their livelihoods. But fishing regulations inside a marine sanctuary are identical to regulations outside of a sanctuary, and the federal government already oversees the oceans. 

“We are facing a campaign of misinformation,” says Sage Walker with a frustrated sigh. “People need better education. There is no local control of the ocean. The federal government already controls everything from mean high tide out to the high seas. The marine sanctuary will not change that.” 

“There is no reason not to designate the marine sanctuary, there are no drawbacks,” continues Sage Walker. “There are no competing interests, we all want to protect the ocean. I don’t think fishermen or wind energy should be opposed to conservation. No users of ocean or land should be oppositional. We all have the same interests, to prolong our quality of life on this planet.”

The Chumash pushing for marine sanctuary status join marginalized communities all over the planet working to enhance life on Earth. “Indigenous people, people in third world countries, people of color, we will be the first displaced by climate change, so we are the most committed to fighting it,” says Sage Walker. “Because we are protecting our heritage, our ancestors, our families, our homeland, our way of life. We have more skin in the game than anybody else, so we have to fight harder than anybody else. It’s because we love it that we have to do this. And not a single one of us is backing down from the challenge.”

New Public Defender Office Seeks to Shake Up County Justice System

Santa Cruz County’s new Public Defender office began operations on July 1, and the department’s roughly 60 employees celebrated the occasion with a barbecue in the backyard of its May Street headquarters. 

The new office includes an increased number of attorneys, in addition to a team dedicated to giving clients the extra help they need in a so-called holistic model of defense.

The county’s takeover of public defender services began in 2020, when the Board of Supervisors approved the plan. The contract for Biggam, Christensen and Minslof (BCM)—the law firm that filled that role for 45 years, expired.

Santa Cruz County was one of the last in the state to move to a county-run model. County officials touted the plan as a way to give public defenders access to county services such as the Health Services Agency, and the Human Services and Probation departments.

That relationship is a key difference in the new department, says Public Defender Heather Rogers, who heads up the office.

 Under this new “holistic” model, clients can now receive services such as mental health, drug treatment and housing services, in addition to legal defense.

Offices that practice this model also employ civil, family and immigration lawyers.

This, Rogers says, will help defendants once their sentences have been completed.

“We want to make sure that folks get the resources they need to lift themselves up and out of the system, rather than the revolving door of recidivism that I’ve experienced as a PD for 20 years,” she says. “You see the same clients, and no matter what you do for them in their defense, if you don’t address what brought them to the system, they’re just going to keep going back. It’s frustrating.”

This philosophy is increasingly being adopted by criminal defense attorneys as providers shift focus to addressing the root causes of the crimes, rather than punishing them after the fact.

This is an important distinction, since a vast majority of criminal defendants receive services from public defenders, according to a 2019 study in the Harvard Law Review.

While the study found that a holistic approach has neither a positive nor a negative outcome on recidivism, it has been shown to reduce the likelihood of a jail or prison sentence by 16% and expected sentence length by 24%.

But those results are likely to evolve, since the holistic philosophy is still in its relative infancy, the study shows.

“I think that it’s a better model for the population that we serve, because by working together with other county and community partners, we can get this right, and we can make truly collaborative relationships,” Rogers says. “We’re trying to go upstream to prevent downstream consequences.”

Rogers, who turned 48 on Saturday, was admitted to the State Bar of California in 2003. She has spent the bulk of her career in criminal defense.

She began that year as a Judicial Law Clerk for the 9th Circuit Court of Appeals in San Diego, and then served for three years as an Assistant Federal Defender. She then hung out her shingle, running her eponymous practice in San Diego for nearly two years before joining the Monterey County Public Defender Office as Felony Trial Team Leader.

She served as Assistant Federal Defender in San Jose before joining BCM in April 2012. The Santa Cruz County Board of Supervisors confirmed her to lead the new office in Sept. 2021.

“I am incredibly honored to do this work, to be able to build a model Public Defender agency in Santa Cruz County, which is my home,” she says. 

The new office is set in a newly remodeled and refurnished building, which is decorated with art by incarcerated artists.

The office includes community rooms for workshops such as teaching people about their legal rights, clean slate programs, how to support incarcerated youth and participatory defense.

“We just really want to make sure that the community understands their rights before someone in their family gets in trouble so it’s less scary and frightening,” Rogers says. 

Many of the department’s attorneys come from BCM, taking with them the old firm’s ongoing cases, of which Rogers estimates there are roughly 5,500.

Assistant County Administrative Officer Nicole Coburn says that all the public defense attorneys now working for the county are paid the same as those in the District Attorney’s Office, in a step-and-column system that ranges from just over $90,000 to around $190,000 annually.

The $14.9 million budget is higher than the roughly $10 million contract for BCM, an increase that reflects the office’s new vision, and includes hiring additional attorneys, Coburn says.

The lion’s share of the budget—$12 million—goes to the Public Defender’s Office, while $2.9 million is for Page and Dudley Law, the firm contracted to handle cases that have more than one defendant, also known as conflict cases.

“This office is unlike anything we’ve done so far with public defense services in the history of the county,” Coburn says of the new department. “We’re just really excited that we’re joining other counties in having our own public defender’s office and trying to modernize what we do for people who are involved in the criminal justice system.”

Michelle Lipperd, who heads up the Collateral Consequences and Reentry Team, will also be in charge of immigration and Clean Slate cases, in addition to California’s new resentencing laws, which potentially affect hundreds of currently incarcerated people.

She says the shift to a county-run model will be a change for the attorneys as they adapt to the stricter rules and more formal structure, as well as the benefits county employees receive. 

This includes pensions and pay parity with attorneys working in the District Attorney’s Office.

But the best change, she says, is the new way of helping clients, with such issues as drug abuse and childhood trauma. 

“We’re not just focusing on one aspect of this person’s life and dealing with the criminal stuff,” she says. “It is wrapping them up with services, not just in the beginning, not just in the middle, but all the way through.”

Homelessness Response May Be in Jeopardy After Voters Reject Sales Tax

A sales tax that would have brought in around $8 million annually to the City of Santa Cruz—funds that could have partially bailed the city out of its budget deficit and prop up homeless efforts and other services—failed by a mere 50 votes.

On July 6, the city verified that Measure F, which would have raised the ​​sales tax rate in the city from 9.25% to 9.75%, failed almost a month after residents voted on the issue on June 7. With the news of the measure’s failure, city officials warn residents that without that much-needed stream of revenue, community services will be cut. Key among the services that will be dialed back include the city’s homeless efforts, Santa Cruz City Manager Matt Huffaker says. 

Amidst the measure’s failure, Watsonville City Council just OK’d their own sales tax measure to hit the Nov. 8 ballot. 

What does the failure mean for Santa Cruz, and why is Watsonville pursuing its own sales tax measure—after watching the same one fail in its neighbor to the north?

Santa Cruz Tax Measure

In January, a poll of 400 likely Santa Cruz voters showed public support for a sales tax measure at roughly 59%.

Even though that represented a 9% point decrease from when the city polled the community about the same measure in 2021, Huffaker says that when he saw those numbers, he was optimistic. In March, the city council unanimously approved placing the tax measure on the June ballot, agreeing to spend up to $182,805 to do so. 

Measure F only needed a simple majority to pass, and in the face of budget deficits in the millions, if spending remains constant without a new revenue stream, the city decided the chance was worth the risk.

Huffaker says he wasn’t naive to the challenge the city was up against, given the state of the economy. But cities are desperate for new revenue as one-time federal and state funds that propped up municipalities for the past two years dry up, and the financial consequences of the pandemic linger, Huffaker says. 

Getting voters to approve a sales tax during record-breaking inflation highs, not to mention for a midterm election year where voters are already less likely to hit the polls, requires trust in local government, says Ben Harvey, city manager for nearby coastal town Pacific Grove. That Monterey County city passed a similar tax measure in April, and Harvey credits the community’s faith in local government for the measure’s success.

That’s in part because as a general tax, the funds collected would be placed in the city’s general fund. City officials said revenues from Measure F would be used to fund things like homeless services, affordable housing, wildfire risk and public safety, among others. But there is no guarantee that the funds will be used for those efforts. Ultimately, it would be up to the city council to determine how the city would spend the added revenue on an annual basis.

That was a concern for some community members. In the same poll from January, the primary reason residents said would lead them to oppose the measure was because they didn’t trust the city to use the money properly. 

But Huffaker says that the closeness of the race indicates residents didn’t have strong support or opposition toward the measure, and points to an area for improvement when it comes to communicating the dire need for the funds.

“The measure came in at almost a perfect 50/50 split, which indicates to me that the community didn’t have strong feelings one way or another regarding the measure,” says Huffaker. “We have some work to do to bridge the community’s understanding with regards to our financial challenges, the need for these additional revenues and what’s at risk.” 

What’s at risk, Huffaker says, are elements of the city’s homelessness response plan. Earlier this year, the city set up a 30-space outdoor tent shelter program at 1220 River St. Then, in May, the city established a 75-tent outdoor emergency shelter, which it is looking to replace with a permanent, 60-space shelter inside the National Guard Armory sometime this August. These programs are all part of the city’s efforts to finally close the more than 300-person homeless encampment at the San Lorenzo Park Benchlands. 

All of this, says Huffaker, has been made possible by the one-time federal and state funds like the American Rescue Plan Funds (ARPA) and a $14 million state allocation set aside for Santa Cruz’s homeless response.

These funds will make sure the shelters and programs stay running into next summer, according to Huffaker. But without another revenue stream, the future of the programs is uncertain. 

For now, the city will be reevaluating where it can make additional cuts, and will return to the city council in late summer with an update. And Santa Cruz voters can expect to wait sometime before deciding on a sales tax measure again.

“No decisions have been made yet as to if and when we’ll go back to the voters with that question,” Huffaker says. “At this point in time, we don’t have plans of returning in November with the measure.” 

Watsonville’s Gamble

Just days before Measure F failed in Santa Cruz, the Watsonville City Council approved its own sales tax measure.

The tax would bring in an estimated $5 million, money the city says will be used to fund Parks and Community Services Departments, and maintain the upkeep of distressed city roads. The measure comes just two years after the community approved sales tax Measure Y, which renewed the half-cent public safety sales tax first approved in 2014.

The increase would put Watsonville on par with Scotts Valley for the highest sales tax rate in the county—9.75%.

The council was split on bringing the tax forward to the voters. Some said given the current economic uncertainty, voters would likely not support taxing themselves further. But other council members, like councilmember Francisco “Paco” Estrada, are more optimistic, and insist that the community needs the low-cost services that this tax could provide. 

“The tax measure is a combination of decades of frustration and efforts to find a steady stream of funding for the Parks and Recs Department,” Estrada says. “It’s a reflection of decades of underfunded, basic needs for a lot of families: more open green space, more services for youth and families. The tax is an investment in our families.” 

Huffaker, the former city manager for Watsonville, says that Watsonville voters will likely see the value Measure Y brought to the community when they head to the polls in November.

“That built trust that the city will put this additional sales tax to good use too,” says Huffaker. “Despite the current economic challenges, that certainly helps their chances.”

Lawsuit Over Aptos High Stabbing

The family of the Aptos High School student who died last year after he was stabbed during an on-campus attack has sued Pajaro Valley Unified School District, claiming that the district failed in its duty to protect its students.

The lawsuit, filed July 7 by attorney Charles Tony Piccuta, also states that the district knew that the student involved in the attack—identified only as K.O.—had been involved in a separate on-campus attack with a knife two weeks earlier.

The lawsuit is part of the continuation process from the initial claim filed in December of 2021.

Because that attack amounted to child abuse, the district was therefore required to inform local law enforcement of the incident, Piccuta says.

“Had (the) defendants fulfilled their duties to report K.O. to law enforcement, K.O. would not have been present at AHS on August 31, 2021, and Gerardo would still be alive,” he stated in the lawsuit.

In addition, Piccuta says the district was aware of a rise in violent incidents on the campus after the Board of Trustees eliminated the school resource officer program in July 2020, and about a lack of security cameras that left areas of the school uncovered.

The family is also suing for wrongful death and emotional distress for the Aptos High student, who was 17 when he died.

Parties named in the lawsuit include four Aptos High campus supervisors, Principal Peggy Pughe, Assistant Principal Katie Kriscunas and PVUSD Superintendent Michelle Rodriguez. According to Piccuta, the defendants had a duty to inform law enforcement about the previous incident involving K.O. under district policy and California mandated reporter laws.

After the attack, the PVUSD Board of Trustees reinstated the school resource officer program, and Watsonville Police officers have since returned to Pajaro Valley and Watsonville high schools. Additionally, a Santa Cruz County Sheriff’s deputy recently returned to the Aptos High campus.

PVUSD spokeswoman Alicia Jimenez said on July 8 that the district had not yet been served with the lawsuit.

“When the lawsuit regarding this matter is received by the District, it will be given to the District’s legal counsel for appropriate next steps,” she said. “As this is a litigation matter, the District cannot comment further on this case other than to offer our sincere sympathies to the family.”

Rob Brezsny’s Astrology: July 13-19

Week of July 13

ARIES (March 21-April 19): With a fanciful flourish, Aries poet Seamus Heaney wrote, “I ate the day / Deliberately, that its tang / Might quicken me all into verb, pure verb.” I’d love for you to be a pure verb for a while, Aries. Doing so would put you in robust rapport with astrological rhythms. As a pure verb, you’ll never be static. Flowing and transformation will be your specialties. A steady stream of fresh inspiration and new meanings will come your way. You already have an abundance of raw potential for living like a verb—more than all the other signs of the zodiac. And in the coming weeks, your aptitude for that fluidic state will be even stronger than usual.

TAURUS (April 20-May 20): According to Arthurian myth, the Holy Grail is a cup that confers magical powers. Among them are eternal youth, miraculous healing, the restoration of hope, the resurrection of the dead and an unending supply of healthy and delicious food and drink. Did the Grail ever exist as a material object? Some believe so. After 34 years of research, historian David Adkins thinks he’s close to finding it. He says it’s buried beneath an old house in Burton-on-Trent, a town in central England. I propose we make this tantalizing prospect your metaphor of power during the coming weeks. Why? I suspect there’s a chance you will discover a treasure or precious source of vitality. It may be partially hidden in plain sight or barely disguised in a mundane setting.

GEMINI (May 21-June 20): I’m pleased to authorize you to be extra vast and extensive in the coming weeks. Like Gemini poet Walt Whitman, you should never apologize and always be proud of the fact that you contain multitudes. Your multivalent, wide-ranging outlook will be an asset, not a liability. We should all thank you for being a grand compendium of different selves. Your versatility and elasticity will enhance the well-being of all of us whose lives you touch.

CANCER (June 21-July 22): Your memory is SUBSTANTIAL. Your sensitivity is MONUMENTAL. Your urge to nurture is DEEP. Your complexity is EPIC. Your feelings are BOTTOMLESS. Your imagination is PRODIGIOUS. Because of all these aptitudes and capacities, you are TOO MUCH for some people. Not everyone can handle your intricate and sometimes puzzling BEAUTY. But there are enough folks out there who do appreciate and thrive on your gifts. In the coming weeks and months, make it your quest to focus your urge to merge on them.

LEO (July 23-Aug. 22): I love these lines by Leo poet Conrad Aiken: “Remember (when time comes) how chaos died to shape the shining leaf.” I hope this lyrical thought will help you understand the transformation you’re going through. The time has come for some of your chaos to expire—and in doing so, generate your personal equivalent of shining leaves. Can you imagine what the process would look and feel like? How might it unfold? Your homework is to ponder these wonders.

VIRGO (Aug. 23-Sept. 22): A British woman named Andie Holman calls herself the Scar Queen. She says, “Tight scar tissue creates pain, impacts mobility, affects your posture and usually looks bad.” Her specialty is to diminish the limiting effects of scars, restoring flexibility and decreasing aches. Of course, she works with actual physical wounds, not the psychological kind. I wish I could refer you to healers who would help you with the latter, Virgo. Do you know any? If not, seek one out. The good news is that you now have more personal power than usual to recover from your old traumas and diminish your scars. I urge you to make such work a priority in the coming weeks.

LIBRA (Sept. 23-Oct. 22): Ancient Roman philosopher Seneca wrote, “Luck is what happens when preparation meets opportunity.” But a Spanish proverb suggests a different element may be necessary: “Good luck comes by elbowing.” (Elbowing refers to the gesture you use as you push your way through a crowd, nudging people away from the path you want to take.) A Danish proverb says that preparation and elbowing aren’t enough: “Luck will carry someone across the brook if they are not too lazy to leap.” Modern author Wendy Walker has the last word: “Fortune adores audacity.” I hope I’ve inspired you to be alert to the possibility that extra luck is now available to you. And I hope I’ve convinced you to be audacious, energetic, well-prepared and willing to engage in elbowing. Take maximum advantage of this opportunity.

SCORPIO (Oct. 23-Nov. 21): Many Scorpios imagine sex to be a magnificent devotion, a quintessential mode of worship, an unparalleled celebration of sacred earthiness. I endorse and admire this perspective. If our culture had more of it, the art and entertainment industries would offer far less of the demeaning, superficial versions of sexuality that are so rampant. Here’s another thing I love about Scorpios: So many of you grasp the value of sublimating lust into other fun and constructive accomplishments. You’re skilled at channeling your high-powered libido into practical actions that may have no apparent erotic element. The coming weeks will be an excellent time for you to do a lot of that.

SAGITTARIUS (Nov. 22-Dec. 21): A Sagittarius reader named Jenny-Sue asked, “What are actions I could take to make my life more magical?” I’m glad she asked. The coming weeks will be a favorable time to raise your delight and enchantment levels, to bask in the blessed glories of alluring mysteries and uncanny synchronicities. Here are a few tips: 1. Learn the moon’s phases and keep track of them. 2. Acquire a new sacred treasure and keep it under your pillow or in your bed. 3. Before sleep, ask your deep mind to provide you with dreams that help generate creative answers to a specific question. 4. Go on walks at night or at dawn. 5. Compose a wild or funny prayer and shout it aloud as you run through a field. 6. Sing a soulful song to yourself as you gaze into a mirror.

CAPRICORN (Dec. 22-Jan. 19): Being able to receive love doesn’t come easy for some Capricorns. You may also not be adept at making yourself fully available for gifts and blessings. But you can learn these things. You can practice. With enough mindful attention, you might eventually become skilled at the art of getting a lot of what you need and knowing what to do with it. And I believe the coming weeks will be a marvelous time to increase your mastery.

AQUARIUS (Jan. 20-Feb. 18): “If I don’t practice one day, I know it; two days, the critics know it; three days, the public knows it.” This quote is variously attributed to violinist Jascha Heifetz, trumpeter Louis Armstrong and violinist Isaac Stern. It’s a fundamental principle for everyone who wants to get skilled at any task, not just for musicians. To become a master of what you love to do, you must work on it with extreme regularity. This is always true, of course. But according to my astrological analysis, it will be even more intensely true and desirable for you during the coming months. Life is inviting you to raise your expertise to a higher level. I hope you’ll respond!

PISCES (Feb. 19-March 20): In May 2021, Jessica and Ben Laws got married on their dairy farm. The ceremony unfolded smoothly, but an unforeseen event interrupted the reception party. A friend who had been monitoring their herd came to tell the happy couple that their pregnant cow had gone into labor and was experiencing difficulties. Jessica ran to the barn and plunged into active assistance, still clad in her lovely floor-length bridal gown and silver tiara. The dress got muddy and trashed, but the birth was successful. The new bride had no regrets. I propose making her your role model for now. Put practicality over idealism. Opt for raw and gritty necessities instead of neat formalities. Serve what’s soulful, even if it’s messy.

Homework: Ask a friend or loved one to tell you a good secret. Newsletter.FreeWillAstrology.com

Why Justin Vineyards’ Rosé is Irresistible

Justin Vineyards’ irresistible Rosé is ideal for outdoor dining. And it comes with a screw cap, which makes opening it a whole lot easier when you have already spread your picnic blanket, but forgotten the corkscrew! Nothing beats a glass of chilled Rosé in the warmer summer months.

“Grapes for our Rosé are whole-cluster pressed with minimal skin contact to provide its classic pale pink hue,” Justin winemaker Scott Shirley says. “With aromas of Bing cherry, notes of ripe strawberry and a crisp, refreshing finish, it’s the perfect wine for alfresco dining.” And at $20, the price is right!

Justin Vineyards and their beautiful tasting room are based in Paso Robles. The property’s JUST Inn offers lovely accommodations. It’s a glorious place to spend the weekend—don’t miss their wine tour and upscale restaurant whilst you’re there. Justin Vineyards hosts weddings, birthday parties and events, too.

Justin Vineyards & Winery, 11680 Chimney Rock Road, Paso Robles, 805-591-3224; justinwine.com.

Wine Made in Complete Darkness

An interesting little factoid came to my attention recently: A Slovenia winery is the first to produce sparkling wine in complete darkness. Aptly named Untouched By Light, the company subscribes to the idea that wine exposed to daylight or artificial lighting results in what is commonly known as “light-struck aromas.” So, Radgonski Gorice, the producer, decided to turn to the dark side and make sparkling wine in complete darkness. The motto: “The best things happen in the dark.” radgonske-gorice.si.

Ashby Confections

Local chocolatier Jennifer Ashby makes a decadent chocolate bar that is 74% luxurious dark chocolate. Chocolate lovers should try this organic, fair-trade, housemade treat full of crunchy almond toffee bits. I indulged while enjoying a marvelous Pinot Noir at Armitage Wines in Aptos Village. 

Ashby Confections, 16C Victor Square, Scotts Valley, 831-454-8299; ashbyconfections.com.

Capitola Bar and Grill Scores with Southern Twist

Becoming the general manager at Capitola Bar and Grill was a full-circle moment for Matt Hereford. Five years ago, he was a line cook for Sotola, housed in the same space. Before returning to where it all began, he worked for several local spots, including a stint as executive chef for the nonprofit Grey Bears.


Hereford defines Capitola Bar and Grill as “elevated seafood with a Southern twist,” punctuated by expansive ocean views. The best-selling lobster roll is loaded with succulent Maine lobster claw meat in spicy clarified garlic butter. The 40-ounce bone-in tomahawk ribeye—sliced and seasoned tableside—is a meat lover’s dream.


The recently rolled-out breakfast menu has a growing fanbase, propelled by standouts like shrimp and grits and country-fried steak. Meanwhile, the homemade beignets with chocolate or caramel sauce are unforgettable. Open every day from 9am-9pm (10pm Friday-Sunday).


Hereford spoke with GT about the restaurant’s live music and his experience cooking for senior citizens.

Why is it important for you to present live music?

MATT HEREFORD: We have a full band Friday through Sunday from 5:30-9:30pm, which is earlier than most [places]. It’s nice to offer our full menu with the music, and locals love to come in and eat, drink and dance. The locals keep us going; they’re the backbone of our customer base and set the vibe for people visiting. The music varies from classic rock to blues, soul, funk and a little bit of everything. People really respond well to the music, and everyone is getting comfortable with going out and having fun again. 

What was it like cooking for senior citizens?

I have volunteered at senior centers. I think it’s something everyone should do, especially younger people. It’s the circle of life. I feel like seniors are often forgotten, and it was fun being able to kind of blow their minds by serving them restaurant-quality cuisine. At Grey Bears, I did holiday dinners during the pandemic, all to-go, drive-up style, a thousand meals a week. It was rewarding and humbling; everyone’s graciousness was amazing, and it gave me the confidence to go back into restaurants.  

Capitola Bar and Grill,231 Esplanade, Capitola, 831-854-2888; capitolabarandgrill.com.

Shadowbrook is Destination Dining—Even for Lunch

Polished and gleaming, the Shadowbrook wears its age gracefully. In fact, its seven decades of dining give it several things few places today can offer—grace, a touch of class and pride in the authentic touches that make dining here memorable. It’s famous for its acres of gleaming woodwork, polished brass accents, the well-kept gardens lining the serpentine walkway down from street level. The ladies room offers the sort of cushioned, wallpapered luxury you associate with Elizabeth Taylor movies and wedding receptions.

Shadowbrook is the local go-to spot for special occasions, and the terrace at lunchtime last week was hosting a large family gathering, and a 13th birthday lunch. Meanwhile, we were returning to check out the summertime lunch at this fabled dinner house. “We’ve never had a bad meal here,” my companion recalled as he checked out the menu—salads, pizzas and a few choice entree sandwiches. On the contrary, we’ve had some mighty fine meals here at the restaurant my parents too used to frequent, and which owner Ted Burke still hosts with style.

I am such a fan of those addictive bacon-wrapped prawns that I didn’t think twice about ordering us a small plate of four ($11.50) to start off lunch. Char-grilled in a tangy soy glaze, these decadent appetizers can’t be beat. Especially dipped in the pickled ginger or sesame-mustard sauce. A gorgeous pizza was brought over to the adjoining table, the kind with the blistered crust that had us reminiscing about Rome. Waiting for our main dishes, we surveyed the drinks list and noticed a charming selection of Retro Favorite cocktails culled from 70 years of expertise. Old-Fashioneds, Negronis, Sazeracs, a Tequila Sunrise—remember when those were on every menu? Great prices on these and all the cocktails. Instead of insisting on updating itself, from menu to decor, Shadowbrook trusts its instincts. Patrons come here wanting to enjoy the classic menus that can’t be improved upon.

So yes, I did want a house burger ($16.95) with bacon jam ($2.95) and cheese ($2.25) (brie on top, please!), and my companion succumbed to an item once found on every menu in California: a seared Ahi Salad Niçoise ($22.95). A giant bottle of icy San Pellegrino ($5) was the perfect partner on the warm mid-day.

The service at Shadowbrook was perfect. Our waitperson made sure we had any extras we wanted, and responded to questions or requests with a friendly can-do attitude. What a pleasure to find well-trained and engaging service, especially given the issues restaurants have faced during the past two years of upheaval. Arriving along with salt and pepper grinders and a little pot of ketchup, my burger was gorgeous, glistening under a glaze of thick bits of bacon in an onion jam, topped with long strips of melting Brie. In a delicious bun, one side open to reveal sliced tomatoes, the burger was just plain wonderful. The burger you want when you want a burger. Coleslaw on the side made perfect sweet/tangy sense with the rich beef. The ahi Niçoise was huge and gorgeous. Slices of seared pink tuna fanned out across a generous salad of fresh baby greens. A sliced hardboiled egg sprinkled with paprika, little red potatoes, green beans, sundried tomatoes, capers and yes, pungent niçoise olives. What an array! The vinaigrette lightly drizzled over the entire creation pulled every bite into delicious focus. I took one last look at the hillside filled with blooming nasturtiums as we made our way back up the fragrant garden walkway. When you go to Shadowbrook for lunch this summer, make sure you go early. Everybody wants those outdoor tables.

Shadowbrook, 1750 Wharf Road, Capitola. Lounge and Patio, daily noon -10pm. Dining room, M-F 4-8:30pm; weekends from 2pm. shadowbrook-capitola.com.

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What the Monterey Bay National Marine Sanctuary’s 30th Anniversary Really Means

Designation has brought environmental protection, scientific discovery—but it almost didn’t happen

Behind the Push for a Chumash Heritage National Marine Sanctuary

Chumash Heritage National Marine Sanctuary

New Public Defender Office Seeks to Shake Up County Justice System

Big shift will give public defenders more access to county services

Homelessness Response May Be in Jeopardy After Voters Reject Sales Tax

Gauging the fallout from Measure F’s defeat

Lawsuit Over Aptos High Stabbing

Aptos High stabbing
Family of student who died after attack sues Pajaro Valley Unified School District

Rob Brezsny’s Astrology: July 13-19

Astrology, Horoscope, Stars, Zodiac Signs
Free will astrology for the week of July 13

Why Justin Vineyards’ Rosé is Irresistible

Crisp, refreshing 2021 vintage is perfect for summer outdoors

Capitola Bar and Grill Scores with Southern Twist

In addition to shrimp and grits and homemade beignets, the beachside spot’s Maine lobster roll is a hit

Shadowbrook is Destination Dining—Even for Lunch

There’s a reason the Capitola restaurant is an institution
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