Prisoners Hope for Another Chance

California News

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April 22, 2022

Vincent Marquez will be the first to say he has not led a perfect life.

He is in Soledad State Prison for a 2008 burglary conviction, serving sentences totaling more than four decades that could keep the 65-year-old incarcerated until 2041.

But he hopes to change that soon. He is among thousands of incarcerated people statewide that could be eligible for sentence reductions thanks to a spate of new laws that took effect Jan. 1, some of which take aim at sentence enhancements.

Marquez says the crime that landed him in prison was part of a string of convictions he says stemmed from a lifelong heroin addiction he has since beaten. He dropped out of a gang in 1999, and says he has stayed out of trouble in prison except for a marijuana possession charge three years ago.

That tacked an additional 300 days onto his sentence, despite the fact pot has been legal since 2016. Still, the infraction lost him his visits for three years, and he was placed in administrative segregation, commonly called “the hole” in prison lingo.

Not one to downplay his crimes, he points out that he never physically hurt anyone. He says he is now a changed man.

“I was a criminal, I was a thief, I did not have any regard for the property of others,” he wrote in a letter to this publication. “That was me 14 years ago, it is not me anymore.”

Marquez’s minimum parole date is in 2041, but he will be eligible for early “elderly parole” in 2028, according to the CDCR. That agency says Marquez’s case is not considered one of public interest.

If released, Marquez says he has dozens of supporters waiting for him on the outside to aid his return, including his wife of 30 years.

Among these is Pajaro Valley Ohlone Indian Council Chair Patrick Orozco, who in a letter to the California Department of Corrections and Rehabilitation (CDCR) signed by 17 people says that Marquez has a community of more than 200.

But convincing a court to resentence him could be a tall order for Marquez. The CDCR declined to refer him for resentencing based largely on the marijuana convictions, telling him in a March 15 letter to “remain disciplinary free.” The letter also cited his criminal record and says that he has not participated in any self-help programming.

Still, Marquez says he is now serving only the time for his enhancements, making him eligible to benefit from the new laws. He says he is considered a high-risk medical prisoner, thanks to asthma, hip replacement surgery and his age.

“I no longer present a threat to the community, no one was hurt or even contacted during the commission of the burglary,” he wrote.

The New Laws

Senate Bill 483

Retroactively removes 1-year prison prior and 3-year drug prior enhancements, unless the conviction was for a sexually violent offense.

Under this law, the CDCR is required to identify eligible incarcerated persons for these enhancements and provide this list to the court that sentenced them.

Resentencing hearings include consideration of how well the incarcerated person is doing in prison.

Incarcerated persons who are only serving time for enhancements were required to be identified by March 1. The courts must recall and resentence each of these by Oct. 1.

Everyone else with enhancements must be identified by July 1 and resentenced if eligible by the end of 2023.

Assembly Bill 1540

Clarifies procedures and incarcerated person’s rights regarding resentencing.

Requires that a judge hold a status conference within 30 days of receiving a referral, and states that incarcerated persons be notified of their referrals.

The law also states that judges can resentence incarcerated persons to lesser offenses.

Referrals can be denied only if the court determines that the incarcerated person poses an “unreasonable risk of danger to public safety.”

Referrals must come by referral of DA or CDCR and everyone eligible for resentencing has the right to an attorney.

Assembly Bill 124

Requires the court to consider circumstances such as age, disciplinary record, record of rehabilitation and diminished physical condition of the incarcerated person.

Also states the court should consider if the person has experienced psychological, physical or childhood trauma, such as abuse, neglect, exploitation, sexual violence or domestic violence.

Senate Bill 775

Allows people convicted of attempted murder or manslaughter—or who committed a felony that unintentionally resulted in a killing—to have their sentences vacated and be resentenced.

A DA’s Take

Marquez submitted a resentencing request to the Santa Cruz County District Attorney’s Office on Feb. 14 but has not yet received a response. This, he reckons, is the same as a denial.

Santa Cruz County District Attorney Jeff Rosell says he is unfamiliar with Marquez’s case, but says the laws allow DAs to weigh in when the courts make their decisions.

Rosell adds that CDCR’s decision not to recommend him for resentencing would likely factor into the case locally.

Rosell says that his office is willing to consider resentencing requests under SB 493. So far, he has seen roughly a dozen, and has approved the majority.

“We at the Santa Cruz County’s District Attorney’s Office are willing to work with the courts, and the public defenders on implementing these laws, and review all of these on a case-by-case basis,” he says.

Monterey County Chief Assistant District Attorney Berkley Brannon says that a resentencing petition depends on the facts of the case, the defendant’s record and whether the DA believes the sentence was unjust.

Brannon points out that in more than 95% of cases, the defendant agrees to the sentence when they make their plea.

Out of the new laws, Brannon says his office only opposes SB 483.

“It rewards recidivism because it seeks to treat inmates who have been to prison one or more times the same as inmates who have not,” he stated in an email. “It seeks to treat drug dealers who have been convicted of drug dealing one or more times the same as defendants who have not.”

The law also creates a “windfall” for defendants who have already agreed to a sentence, Brannon says, and often have received benefits from those agreements such as reduced or dismissed charges.

“Now the state is invalidating part of the contract, but only in a way which unilaterally benefits the defendant,” he stated. “Those who reached a deal without agreeing to plead to one- or three-year priors get no benefit.”

Brannon also points out that the law will add costs to district attorneys’ offices, since it is retroactive and creates an additional workload.

The California County Resentencing Pilot Program, launched last year by Gov. Gavin Newsom, provides just $18 million for the nine counties that have implemented Prosecutor-Initiated Resentencing programs.

Public Defender’s View

While the new legislation could be beneficial to incarcerated persons like him, Marquez says that leaving the referrals up to district attorneys and CDCR could be problematic.

“The fox is in charge of guarding the henhouse,” he says.

“Even though the DA’s that are presently in compliance with these new guidelines and have started pilot programs to implement the new procedures, I can count the people that have benefitted on one hand,” he added.

That assessment seems to be a pattern.

According to attorney Michelle Lipperd, who runs the Clean Slate Program for the law firm Biggam Christensen and Minsloff—which provides Santa Cruz County’s public defender services—CDCR has 96,000 incarcerated people that could benefit from the new laws but has referred just 2,000.

“(Referrals by DAs and the CDCR) are the only mechanism to get them there, and so far I haven’t had any from CDCR with their recommendations,” Lipperd says. “And our current DA’s office really does not have any mechanism in place to do their own reviews. They are relying on us to find the cases and bring them to their attention.”

That can be a problem with just one attorney currently working on the issue in the county’s public defender office, Lipperd says. But that task could get easier with the new Santa Cruz County Public Defender office set to take over on July 1, she says.

“I’m hoping when we get into the new office we’re going to have three attorneys, three paralegals, six interns helping me with this,” she says. “So we will have a lot more resources, but right now I’m getting calls from people in prison, I’m getting petitions sent to me, and I am working each of these cases as they come across my desk.”

Lipperd says that the CDCR has sent a list of 10 people currently serving time only for their enhancements, and who qualify for a resentencing.

One was a convicted murderer who did not qualify, she says.

An additional list of people is who haven’t yet served their base sentence and also have enhancements is expected in July.

“Hopefully by then, we’ll be able to streamline the process on how easily we’re going to be able to get their resentencings heard,” Lipperd says. “We’re just really trying to work our way through this process, and it is a bit intimidating, but I want to get as many clients back in front of the court to give them the discretion to make these changes.”

Heather Rogers, who on July 1 will take the helm of the new Public Defender office, says that the new laws could reshape the penal system for people who have historically seen its harsher side.

“We know that for the most part our carceral system has an adverse impact on people of color and on traditionally marginalized communities,” she says. “And so in a state that’s focused on equity, we have to think about how sentencing reform can right some historic wrongs.”

They are also a testament to growing beliefs that prison time frequently has unintended negative consequences, she says.

“It’s really been pretty well established now that incarcerating people for longer doesn’t lead to better results,” she says. “In fact it leads to worse results, and that a shorter sentence can have the same deterrent effect.”

For information on the new resentencing laws, visit bit.ly/38IfiGN.

PV Shelter’s Mother’s Day Run Returns

Local News

Johanna Miller

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April 22, 2022

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Pajaro Valley Shelter Services (PVSS) will hold the 38th Annual Mother’s Day Run & Walk on May 8, returning to an in-person event for the first time since 2019.

The popular community event has been held virtually the past two years due to Covid-19. But organizers are gearing up to once again gather and participate together, this time at Pinto Lake County Park.

“We’re just over the moon to be able to do it live again,” says PVSS Executive Director Mike Johnson. “Two years being locked down, isolated and disconnected from our community has really been challenging for us. So this is an opportunity for us to reconnect in a deeper, more meaningful way with the people that support us.”

Johnson says he joined PVSS just as they were starting to plan for the 2020 race, which was eventually canceled.

“So really, this is my first actual Mother’s Day run as executive director,” he says. “I’m super excited to finally be part of this.”

Benna Dimig, development manager for PVSS, says there is excitement building among those who are registering, sponsoring and signing up to volunteer.

“This race is really a beloved community event that has a lot of heart,” Dimig says. “The community is so excited to come show their support for the work that we’re doing, and for the work our participants are doing.”

PVSS has been busy for the past two years. When the pandemic first hit, they saw a major influx of need in the community. Many PVSS’ participants lost their jobs, and more people than ever found themselves unable to pay rent and stay housed.

“It doesn’t take any special imagination that homelessness is exploding in our county,” Johnson says. “And the problem is only getting worse. Our solution is to keep getting better at what we do.”

The nonprofit has developed new programs addressing three core issues: emotional stability, financial stability and housing stability. This includes its Coordinated Economic Development Program, which aims to transition people away from Covid-vulnerable employment to more stable employment.

A brand new tenant education program, Hope and Home, launched last month. It aims to help people learn the technical aspects of finding and keeping housing, such as the application process, credit checks, interviews, leasing, fair housing law, home safety, and more.

Johnson says that the upcoming race will help the new program get off the ground. The event is themed around the name, Hope and Home.

PVSS’ goal is to raise $80k by Mother’s Day. They are already halfway there, Johnson reported.

The race’s change of venue is due in part to the ongoing construction at Ramsay Park. But the new course at Pinto Lake County Park promises to be enjoyable, Johnson says.

“It’s a beautiful course, and not as complicated to run around as the Ramsay Park area,” he says. “There’s a lot of beautiful views and trails.”

PVSS will be dedicating this year’s race in memory of Diane Porter Cooley, who died on March 10. Cooley was a longtime supporter of PVSS, dating back to the organization’s founding.

“She’s been our biggest single supporter over her lifetime,” Johnson says. “She’s been a tremendous friend to us and a lot of others in this community. We wanted to honor her.”

Dimig says that the stories surrounding the annual event have been inspiring to hear. From siblings who run every year in honor of their late mother, to others who ran their first race as a child and are still doing it 30 years later.

“We had someone pick up their bibs and say, ‘I’m running this race because when I was a child, I was here at the shelter, and I never felt homeless,’” she says. “The tradition that this event is for our community is so important. It’s bigger than the race itself, or even the work we do. It’s about these stories.”

The Mother’s Day Run & Walk will include a 1K Kids’ Fun Run starting at 7:45am. The main 5K event will begin at 8am. Awards will be presented after each race. For information on how to register, donate or volunteer visit pvshelter.org.

Scotts Valley Officials ‘Shocked’ By Housing Target

Local News

Drew Penner

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April 22, 2022

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Scotts Valley Officials ‘Shocked’ By Housing Target

Once the dust had settled on April 13 after wrangling between Monterey Bay-area municipalities, the reality of what Scotts Valley must do to help California address its chronic housing shortage came into focus.

During the upcoming eight-year Regional Housing Needs Allocation cycle, Scotts Valley will be required to plan for 1,220 new residential units. About 800 of these will need to be affordable to people of lower-income categories.

“We were originally told our number was going to be around 600, and it went to 1,200,” says City Councilmember Derek Timm, describing the back-and-forth between Association of Monterey Bay Area Governments (AMBAG) officials. “The voices in our county were dwarfed by the number of votes in Monterey County and San Benito County.”

The decision sets the stage for crane installation, rebar deliveries and cement trucks across the region—which had to divide up a 33,274-unit requirement between Santa Cruz and Monterey counties. That’s up from 10,043 during the last cycle.

Timm says he’s frustrated because San Benito County was able to vote on this decision, even though it doesn’t have to accept any of the housing. Scotts Valley joined Capitola and Santa Cruz in opposing the final numbers. Capitola is responsible for 1,336 units and Santa Cruz 3,736. Watsonville will need to accomodate 2,053 units and the unincorportated part of the county 4,634.

“We didn’t have much of a vote in that process,” he says. “I felt like our jurisdictions were allocated a disproportionate share.”

After all, the city only has one person in its planning department, he noted.

“We have one person in our planning department and we’re trying to hire another—which is very difficult,” he says.

Timm says he’s looking at the new figure in terms of the approximately 4,600 total units Scotts Valley has created in its history.

“The idea that we could … increase our city’s overall build by 25% … it’s an unrealistic goal that we’re being saddled with,” he says, adding the requirement doesn’t come with government funding to make things easier. “The state is saying, ‘Go create about 800 affordable units, but, good luck.’”

Scotts Valley isn’t planning on appealing the decision, he says. The RHNA plan was released for a 45-day public period on April 22.

Mayor Donna Lind says she was “shocked” when the final numbers were released.

“We expected it to go up, but nothing like we heard,” she says, adding there are consequences if Scotts Valley doesn’t follow the program. “You can subject your city to lawsuits and loss of funding from the state.”

While the city’s allotment is less than 4% of the total housing area municipalities must plan for in the coming years, Lind says it’s still a big ask for a community like Scotts Valley.

“This is taking us to a level that is requiring us to rezone,” she says. “Will this even really address the housing costs?”

Over the last three-plus decades, Habitat for Humanity Monterey Bay has managed to build about 60 affordable homes across the region.

When asked about Scotts Valley’s new RHNA allotment, CEO Satish Rishi says he appreciates how big of a challenge the city has in front of it.

“That’s a tall order,” he says, of the 100-affordable-units-a-year on Scotts Valley’s plate. “It’s definitely possible.”

The new housing requirements are the fault of some local governments, which haven’t been doing their part to add to the housing stock, he noted.

“If you were a community where you ignored building affordable housing … now it’s catching up to you,” he says, adding he’s not necessarily referring to Scotts Valley. “You have to do your share now.”

Habitat for Humanity is in the process of completing an 11-unit project in Live Oak and will welcome its next two families into a couple of units near the Harper Street and Chanticleer Avenue intersection, Saturday.

The nonprofit broke ground on three Scotts Valley townhouses in 2011, which were completed a couple of years later.

“We used about 16,000 volunteer hours to build these three homes,” he says. “They’re very nice homes.”

Now, one of those families is moving to Texas, so the organization is seeking a new one to take over the Blake Lane four-bedroom.

“We are looking for a family that lives and works in Scotts Valley,” he says of the unique opportunity for a family of three or four. “Of the Habitat homes that I’ve seen, it’s probably one of the nicest.”

Rishi says, in light of the affordability push from the state, the local Habitat for Humanity chapter has been trying to build about five times as many units annually as in the past.

“We would love to have a bigger impact,” he says, adding a partnership with Scotts Valley would take a serious bite out of the new affordability task the sleepy community finds intimidating. “We would need to get some land and some help from the city, but that’s something where we could do our part in the next eight years to build maybe 20 or 30 homes.”

Justice Dept. Appeals to Reinstate Transportation Mask Mandate

National News

Sheryl Gay Stolberg

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April 21, 2022

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Justice Dept. Appeals to Reinstate Transportation Mask Mandate

WASHINGTON — The Biden administration on Wednesday appealed a federal court ruling striking down the mask requirement for passengers on planes, trains, buses and other public transportation after the Centers for Disease Control and Prevention concluded that the mandate was “necessary” to protect the public from the spread of the coronavirus.

The decision came two days after a federal judge in Florida struck down the mask mandate and set off a rush among airlines, some public transit systems and even Uber and Lyft to abandon mask requirements. Some pilots announced the abrupt change midflight, prompting celebration — but also anxiety — among virus-weary passengers.

While the CDC wants to keep the mandate intact, it is also pressing the appeal to preserve its public health powers. But doing so is potentially risky; if the ruling striking down the mandate is upheld, that could permanently weaken the agency’s authority.

Even if the Biden administration wins the case, there will be backlash among Americans who felt liberated by the lifting of the mask requirement, which also applied to transportation hubs like airports, seaports and train stations.

The legal moves do not change the status of the mask mandate, which cannot be reinstated unless the administration wins a stay of the U.S. District Court’s order, and there was little immediate sign that airlines would reintroduce their own. Legal experts said that it was likely that the administration would ask for a stay, and that if it does, the court could decide whether to grant it within days.

The Justice Department’s appeal also comes as cases, although not hospitalizations and deaths, are rising in a majority of states, as the BA.2 subvariant threatens to unleash another deadly wave.

The mandate had been in place since shortly after President Joe Biden took office in January 2021, and was set to expire April 18. But despite pressure from airlines, the hospitality industry and Republican lawmakers to lift the rule, the CDC extended it until May 3 to give public health experts more time to assess whether it should be continued.

The 11th U.S. Circuit Court of Appeals, which will hear the case, has a conservative bent, and the case could end up before the Supreme Court, which is also dominated by conservatives.

“This sets up a clash between public health and a conservative judiciary, and what’s riding on it is the future ability of our nation’s public health agencies to protect the American public,” said Lawrence Gostin, an expert in public health law at Georgetown University. “The risk is that you will get a conservative 11th Circuit ruling that will so curtail CDC’s powers to fight COVID and future pandemics that it will make all Americans less safe and secure.”

White House press secretary Jen Psaki said Wednesday in an interview with Chris Wallace of CNN+ that the appeal was important not only to preserve the mask requirement but also “to ensure the CDC’s authority and ability to put in mandates in the future remains intact.”

But Tori Emerson Barnes, an official with the U.S. Travel Association, a trade group, said the mandate had outlived its usefulness.

“With low hospitalization rates and multiple effective health tools now widely available, from boosters to therapies to high-quality air ventilation aboard aircraft, required masking on public transportation is simply out of step with the current public health landscape,” she said in a statement.

In the 59-page decision she issued Monday, Judge Kathryn Kimball Mizelle, who was appointed by President Donald Trump, voided the transportation mandate on several grounds, including that the agency had exceeded its legal authority under the Public Health Service Act of 1944.

On Tuesday, after a day of deliberations inside the White House, the Department of Justice announced that it intended to appeal the ruling — but only if the CDC decided that the mandate was still necessary. On Wednesday evening, the CDC made its position clear.

“CDC believes this is a lawful order, well within CDC’s legal authority to protect public health,” the agency said in a statement, adding that it “continues to recommend that people wear masks in all indoor public transportation settings.”

The statement also said, “When people wear a well-fitting mask or respirator over their nose and mouth in indoor travel or public transportation settings, they protect themselves, and those around them, including those who are immunocompromised or not yet vaccine-eligible, and help keep travel and public transportation safer for everyone.”

In mid-April, after the CDC announced it was extending the mandate through May 3, Dr. Ashish K. Jha, the new White House COVID response coordinator, said in an interview that the additional time would allow the CDC to assess whether BA.2, a subvariant of the coronavirus, would become a “ripple or a wave” in the United States. Experts said Wednesday that the question remained unresolved.

The CDC actually has very limited regulatory authority; by and large, the power to impose public health restrictions lies with state and local governments. But legal experts agree that interstate transportation is a notable exception. In interviews, several said Mizelle badly misread the law.

When it passed the Public Health Service Act of 1944, Congress authorized the CDC to make and enforce regulations that in its judgment “are necessary to prevent the introduction, transmission or spread of communicable disease.”

The law also suggests some steps the CDC could take to prevent the spread of disease, including sanitation, disinfection and pest extermination.

Mizelle construed those suggestions as the CDC’s only options — a narrow interpretation that “fundamentally misunderstands the scope of authority allowed to CDC,” said James Hodge, director of the Center for Public Health Law and Policy at Arizona State University. She also erred in likening the mask mandate to a quarantine, he said.

The judge also faulted the CDC for failing to solicit public comment on the mask order — a finding that Gostin said “defies common sense.” While administrative law requires public comment for most federal actions, it also allows for exceptions for “good cause.”

But while Gostin said the CDC would have an “extraordinarily good case” on appeal, he said an alternative would have been for the agency to let the current mandate lapse, and then seek to reinstate it at a later date should cases rise — and defend the new order in court at that time if necessary.

Some public health experts argued against extending the transportation mask mandate, so as not to trigger an appeal of Mizelle’s ruling and potentially lead to a higher court permanently constraining the CDC’s powers.

“From a pure public health perspective, I would say let it go, it’s not worth the fight,” said Dr. Carlos del Rio, an infectious disease specialist at Emory University in Atlanta.

At the same time, it could be difficult for the White House and the CDC director, Dr. Rochelle Walensky, to rationalize the decision to appeal the judge’s ruling, given that they have increasingly cast mask wearing as a matter of personal choice. On Tuesday, Biden was noncommittal when asked if people should wear masks on planes, saying that the decision to do so was “up to them.”

Just two months ago, the CDC changed its guidelines in a way that made it far less likely that a county would be considered high risk. Only in high-risk areas does the agency now recommend indoor mask wearing for everyone. It says that those who have immune deficiencies or are otherwise at high risk for severe illness should talk to their health care providers about whether to wear a mask in areas of moderate risk.

Under the new regulations, the CDC said counties should decide the level of risk for their residents based on the number of new COVID-related hospital admissions over the past week, the percentage of hospital beds occupied by COVID-19 patients and the rate of new cases over the past week.

“We want to give people a break from things like mask wearing when these metrics are better,” Walensky said then. “And then have the ability to reach for them again should things worsen.”

Public health experts say it is up to Walensky to preserve her agency’s ability to encourage, or even require, mask wearing in the face of any future deadly waves of the virus.

“CDC shouldn’t let the drama of this judicial opinion change what it would have done,” said Dr. Celine Gounder, an infectious disease specialist and editor at large for public health at Kaiser Health News. “The important thing is that she is likely to be facing another spike of hospitalizations in the future, another dangerous variant, and she absolutely needs to keep that tool in her pocket — the tool of masking.”

This article originally appeared in The New York Times.

Tree Huggers Unite for Earth Day

Environment

Christina Wise

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April 21, 2022

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With homes nestled amongst majestic oaks, redwoods and deciduous pines on steep hillsides entwined with seasonal streams or sprawling meadows that welcome wildlife, residents of Scotts Valley and the San Lorenzo Valley live in one of the more serene locations in the U.S.

The beauty of the area draws plenty of attention, and, now, the Sempervirens Fund is partnering with REI and AllTrails to bring something else this way: money to help with reforestation efforts.

On April 22—Earth Day—the agencies are joining forces by hosting a national Hug-A-Tree Challenge. Between noon-1pm, participants are invited to post a photo on Instagram of themselves, or someone else, hugging a tree with the hashtag #hugatreechallenge. For each photo posted on Instagram with the hashtag, REI will donate $1 to Sempervirens Fund, up to $10,000, for the reforestation of redwoods in the Santa Cruz Mountains. In addition to the money being raised, there’s another effort underway: to help establish a Guinness World Records title for the most photos of people hugging trees uploaded to Instagram in one hour.

“We need a minimum of 500 people to post one photo of someone hugging a tree. It can be any kind of tree, from a sapling to a full-grown one,” Sempervirens spokesperson Matthew Shaffer says. “Each picture may only contain one person—anyone, anywhere can participate so long as they tag the photo with the hashtag and upload it to Instagram during that one-hour period. Each participant may only post one photo, and each photo may only be posted by one person, not multiple people.”

Shaffer says his team expects to establish that record, and at this point, it’s a matter of how big a record they can set.

Shaffer has been with the nonprofit since July of 2020, but previously worked for the Trust for Public Land. His start at Sempervirens came on the cusp of the CZU Lightning Complex. His work has been made all the more meaningful due to the damage done to the Santa Cruz Mountains by the fire, which burned over 86,500 acres and decimated the entirety of the San Vicente Redwoods (SVR) property, the largest privately-held redwood forest in the Santa Cruz Mountains. More than 900 residences in Santa Cruz County were destroyed, and one Last Chance resident, Tad Jones, was the sole fatality in the fire, which was caused by a dry lightning storm with over 11,000 lightning strikes on a hot August night in 2020.

While competing for a Guinness Book of World Records entry is a fun distraction, the serious work of Sempervirens Fund continues.

“For us, we think of this as our gift back to a worldwide community who have supported us during a time of deep urgency, not only due to rampant climate change, but also catastrophic events like the CZU fire,” Shaffer says.

He adds: “Our organization has always been centered on protecting coastal redwoods, and specifically the forests of the Santa Cruz Mountains. There are many urgent and pressing issues related to climate change, and we hope people will take action, speak out and speak up during the midst of this extraordinary crisis. We can’t outpace climate, and the forests need our help. Redwoods store more carbon than any other tree species—we need more of them, and we need to protect what we have to ensure they’re around for generations to come.”

While REI is providing the funding for the challenge, AllTrails.com, a site for hiking enthusiasts, is helping to promote the effort, and working with Sempervirens to restore some local hiking trails when Big Basin Redwoods State Park comes back online (it’s currently closed to the public). Anyone interested in participating in the #hugatreechallenge can learn more at sempervirens.org/hug-a-tree/#hug-faqs.

Leaders Urge Levee Assessment Approval

Local News

Todd Guild

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April 21, 2022

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After years of wrangling by local, state and federal lawmakers—and of worries from residents of another catastrophic flood in South Santa Cruz County—the Pajaro River levee has enough money for a long-awaited upgrade that could offer a century’s worth of protection.

But while the construction funds for the $400 million project are secured, the project’s fate lies in the hands of roughly 3,000 residents who live in the floodplain.

To allow the U.S. Army Corps of Engineers to secure the funding, the residents must answer “yes” on ballots that will be mailed out to property owners on April 22.

That would mean placing an assessment on their annual property tax bills—averaging around $192—that would fund the annual $1.2 million in maintenance and operations funds still needed for the project.

Failure would be the death knell of the project, at least for now.

In a Monday lunchtime press conference at Watsonville’s Civic Plaza led by Rep. Jimmy Panetta, who helped spearhead a recent $67 million infusion of federal funding for the construction, several elected leaders put out a plea to the public: vote “yes” on the assessment.

While getting the money was a critical step in the long-awaited project, it is not the final chapter, says Santa Cruz County Supervisor Greg Caput, whose district covers much of Watsonville.

“We will celebrate only after the election,” he says. “They have to say ‘yes’ on this, that’s the most important part. Otherwise, the money will go away.”

The press conference was also attended by Watsonville Mayor Ari Parker, and Santa Cruz County Supervisor Zach Friend and Watsonville/Aptos/Santa Cruz Adult School Director Nancy Bilicich, both of whom have been at the forefront of bringing the project to fruition.

Also in attendance was John Martinelli, whose eponymous company depends on apple crops grown in the Pajaro Valley.

Martinelli said that he has for years been part of unsuccessful local efforts to secure funds for levee upgrades.

“That was a nonstarter,” he said. “This community simply can’t afford that kind of a cost. Now we have a fully funded $400 million project.”

A large flood, Martinelli said, is estimated to cause $1 billion in damage, and could occur as often as once per year.

“Something like that would devastate our company,” he said. “You can’t get enough insurance to compensate for something that destroys your business.”

Judy Lazenby, who lives in Pajaro Village—an older adult community with 247 residences in the river’s floodplain—said she normally sides with those who oppose extra taxes. This is not one of those times, she said.

“We do need protection a lot more than we need to keep cutting taxes,” she said.

Assessments are “fair” at around $200, she said.

Lazenby said that the project—once completed—will mean that flood insurance requirements for many residents will go away.

“Believe it or not, floods can be prevented,” she said. “Tornadoes can’t be, hurricanes can’t be, but this can be and we need to do that. The likelihood of a flood may be small, but it won’t take much to take the levees out.”

Patrick Messinger, who sits on the homeowners’ association of the Bay Village neighborhood, which comprises 600 homes, says he plans to go on a door-to-door campaign to advocate for the assessment.

“It is critical that we get this done,” he said.

Ballots will be mailed on April 22, and are due by June 8. The final results will be announced at the July 13 PRFMA meeting.Property owners who want to see how much they would pay can visit prfma.org/assessment, and click on “Calculate Your Assessment.” An Assessor’s Parcel Number is needed for this search. To find that, visit bit.ly/3xHledJ.

Things To Do in Santa Cruz: April 20-26

GT Staff

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April 20, 2022

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ARTS AND MUSIC

‘FOODIE FOR THE PEOPLE’ Jon Silver’s award-winning documentary features beloved central coast chef Jozseph Schultz and his India Joze Restaurant. More than the story of a famous chef, Foodie is the story about blending world cuisine, community, art and social justice. (Read Oct. 20, 2021 story). Free with registration (donations suggested). Thursday, April 21, 7pm. Landmark’s Del Mar Theater, 1124 Pacific Ave., Santa Cruz. eventbrite.com.

MONOPHONICS WITH NICKY EGAN The Bay Area group has been touring heavily for the past decade, delivering an original blend of psych-rock and soul and building a large fanbase. Their March release, It’s Only Us, reflects “where they’ve been, and pushing the boundaries of what’s possible in the years to come.” Led by singer Kelly Finnigan, the band is known for lyrics that touch on real-life issues—from mental health to gun control to messages of unity. Monophonics aren’t afraid to express their opinions. $22 plus fees. Friday, April 22, 9:30pm. Felton Music Hall, 6275 CA-9, Felton. Proof of vaccination or negative Covid test required. feltonmusichall.com.

THE WAILING SOULS WITH LUJAN AND THE MILITIA OF LOVE For over 40 years, the Wailing Souls’ blend of roots and dancehall reggae with Motown harmonies has earned them three Grammy nods and a slew of hits. Formed in Trench Town, Kingston, Jamaica, the band has made over 26 albums, including singles recorded as the Renegades, Pipe & the Pipers and Atarra. The group had three tunes featured on the Cool Runnings soundtrack. $25/$30 plus fees. Friday, April 22, 9pm. Moe’s Alley, 1535 Commercial Way, Santa Cruz. Proof of vaccination or negative Covid test required. moesalley.com.

FELIPE ESPARZA The Mexican-born American stand-up comedian/actor has developed a schtick that might be considered a modern-day take on Don Rickles: Esparza talks with random people he finds interesting. It might be somebody famous or that homeless guy at the end of your street who you walk by every day. “Everyone has a story to tell about how they got where they are, no matter who they are.” The comedian’s podcast “What’s Up Fool?” continues to gain notoriety. $35 plus fees. Saturday, April 23, 8pm. Rio Theatre, 1205 Soquel Ave., Santa Cruz. Proof of vaccination or negative Covid test required. riotheatre.com.

OGANOOKIE If you were anywhere near Santa Cruz in the early 1970s, there was a good chance you saw Oganookie on a Saturday night at the Catalyst. Considered the “greatest band you’ve never heard of,” the group was known for performing hundreds of shows per year. They’re also known for dozens of reunion shows. This one, dubbed “The Oganookie Story,” will weave songs with reflections on the band and their history as a musical entity and a commune in the Santa Cruz Mountains. The unique Oganookie iteration will unite original members with two younger generations of Oganookie offspring who will perform the distinct, original tunes that propelled Oganookie to one of Santa Cruz’s most beloved bands and biggest enigmas (Read April 20, 2022 story). $27/$40. Saturday, April 23, 7:30pm. Kuumbwa Jazz, 320 Cedar St., Santa Cruz. Proof of vaccination or negative Covid test required. kuumbwajazz.org.

COMMUNITY

DOWNTOWN FARMERS MARKET The “largest and oldest” market always has a variety of local artisans, yummy baked goods and unique grab-and-go options for lunch and dinner. And it helps support local farms. Note: cafe seating, bike valet and veggie valet programs are on hold until further notice. Free. Wednesday, April 20, 1-5pm. Between Cedar and Lincoln Streets, Santa Cruz. santacruzfarmersmarket.org.

MAH POP UP! Join MAH at the Abbott Square Market Pop-up! Learn more about becoming a MAH member. Enjoy the food, drink and free wi-fi. Free. Thursday, April 21, 12:30-3:30pm. 705 Front St., Santa Cruz. santacruzmah.org.

APTOS FARMERS MARKET AT CABRILLO COLLEGE There’s a good reason Coastal Living Magazine named AFM one of the best on the coast. Beyond the massive selection, the top-quality goods and specialty foods, the farmers and vendors—there are 90, mostly certified organic—enjoy connecting with their customers. The beloved farmers market also offers grass-fed meats and poultry, sustainable fish, oysters, handcrafted cheeses, locally produced olive oil, fresh pasta and more. Need knives and gardening tools sharpened? That’s offered as well. Free. Saturday, April 23, 8am-noon. Cabrillo College, 6500 Soquel Drive, Aptos. montereybayfarmers.org.

GROUPS

HARMONY STARTS WITH YOURSELF BREEMA BODYWORK CLASS “To study Breema is to study oneself.” Learn and practice Breema bodywork sequences and self-Breema exercises from the “Nine Principles of Harmony.” “Breema offers perspectives and experiences that can become the foundation of a profound self-understanding with the potential to have a transformative effect on one’s life.” The class is ideal for anyone wishing to increase harmony in their lives, especially caregivers, teachers or health professionals who feel burnt-out or fatigued. $25 class/$80 series (4 classes). Wednesday, April 20, 7-8:30pm. The Breema Center, Hummingbird Valley Retreat, 1690 Glen Canyon Road, Santa Cruz. breema.com/place/us/ca/hummingbird-valley.

WOMENCARE ARM-IN-ARM This cancer support group is for women with advanced, recurrent or metastatic cancer. Meets every Monday on Zoom. Free. Registration required. Monday, April 18, 12:30pm. 831-457-2273. womencaresantacruz.org.

OUTDOORS

BEHIND-THE-SCENES VISIT TO THE YOUNGER LAGOON RESERVE BIRD BANDING STATION Learn about the theory and practice of bird banding, observe wild birds up close and interact with reserve staff and undergraduate student interns who are learning this important, hands-on avian research technique. Free (must RSVP). Friday, April 22, 8-9:30am. Younger Lagoon Reserve, UCSC Coastal Science Campus, Santa Cruz. calendar.ucsc.edu.

HISTORIC RANCH GROUND TOUR This groundbreaking dairy ranch is a window back in time. The hour-long tour includes a visit to the 1896 water-powered machine shop, barns and other historic buildings. Free with $10 vehicle day-use fee. Saturday, April 23, 1pm. Wilder Ranch State Park, 1401 Coast Road, Santa Cruz. santacruzstateparks.as.me.

Pink Mountaintops Plays Felton Music Hall

Adam Joseph

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April 20, 2022

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Pink Mountaintops Plays Felton Music Hall

Stephen McBean speaks loudly whenever he’s on the phone at his Arcadia home; a constant barrage of high-pitched honks, shrill yapping and sharp squawking burst out piercingly in the background like he’s standing in the middle of a bird sanctuary gone crazy.

“There are wild peacocks and parrots where I live,” McBean explains. “The opening scene from Fantasy Island was filmed down the street.”

McBean—frontman for the Vancouver heavy stoner-rock outfit Black Mountain and the short-lived anarchic duo Jerk with a Bomb—moved into the house in March 2020, just before the world shut down. After setting up a home studio, he recorded a cover of Black Flag’s “Nervous Breakdown” as a test to ensure all the gear worked adequately. Greg Ginn’s 1979 hardcore staple ignited a spark that became the inspiration behind the first record in eight years for Pink Mountaintops—McBean’s other project, which collects the songs that don’t fit for Black Mountain’s sound. The wonderfully strange paradise that the musician now calls home—about 12 miles north of Los Angeles in the San Gabriel Valley—was the ideal setting for the forthcoming album, aptly titled Peacock Pools.

“I wasn’t preparing to do an album, but time kept rolling on, and life kept changing and getting weirder,” McBean says. “[‘Nervous Breakdown’] was like original O.G. inspiration.”

Like most music created between 2020 and 2021, a lot of the recording was done remotely. McBean was initially apprehensive about the long-distance approach, but realized it was more an opportunity than a setback.

“I started talking to various friends in similar situations,” McBean says. “[Ryley Walker drummer] Ryan Jewell, who’s in Ohio, asked if he could throw some drums on a couple of tracks.”

From there, McBean continued to have musician buddies all over the country, and some in Canada, add instrumental and vocal parts to songs. Bassist Steven McDonald (Off!, the Melvins) offered his services.

“He was like, ‘I’ve got nothing else going on, so if you need bass on anything, I’m available,’” McBean says. “We weren’t writing or rehearsing at a jam space where I’d be like, ‘Oh, maybe try this or that.’ Everyone uploaded their finished products. Going into Dropbox and downloading new uploads felt like opening Christmas presents.”

The result is a 12-song Frank Zappa salad tossed by Ozzy and Ian Curtis. “Nikki Go Sudden” is fueled by acoustic guitar strums paired with the intentional naiveté of early ’80s Psychedelic Furs, and “Blazing Eye” goes hard with its synth new wave in the vein of New Order’s Power, Corruption & Lies. Meanwhile, “All This Death is Killing Me” is 100% thrash metal, complete with thrash metal growls.

“I always like to think of things as a soundtrack or a musical,” McBean says. “Also, right when I realized that I’m going to make an album, I got dropped by the record label [Jagjaguwar]. So, even though that was sad and caused some stress because I’ve been with them so long, it freed me up. I had no deadline, so I kept recording. I think I would have gone all over the place anyway, but getting dropped from the label made it easier for me to say, ‘Okay, I’m going to put a thrash song on here.’”

When McBean was finally able to record in a studio with other musicians in the room, he made sure it would count. He scored Melvins’ drummer Dale Crover and had Valentine Recording Studios in North Hollywood to make it all happen. The straightforward metal ballad “Lights of the City” could be L.A. Guns’ biggest hit they never wrote.

“We went into [Valentine], and I felt like I had high-pedigree rock gods,” McBean says. “We didn’t need to rehearse or anything. I thought if we could get ‘Lights of the City’ and ‘The Walk’ recorded, that would be great. And we managed to get four songs recorded.”

Pink Mountaintops has already toured once this year—back in February, opening for Dinosaur Jr.—but McBean is especially thrilled for the upcoming tour.

“It’s the most full-on rock ’n’ roll lineup I’ve had in Pink Mountaintops in a long time,” he says.

The spring/summer tour, which stops in Felton on April 29, features a six-piece band, including former Flaming Lips drummer Kliph Scurlock, singer/guitarist Emily Rose, who’s featured throughout Peacock Pools and past Pink Mountaintops contributor Ashley Webber, the twin sister of Black Mountain’s Amber Webber.

While music is always on McBean’s mind, he’s quick to relay an intensely worded opinion about the current state of the world, which, if anything, made the record even stronger.

“The world is in a sad bind now,” he says. “Some people really made a lot off of all this inflation, and it’s quite disheartening. People are like, ‘There are jobs everywhere!’ Yeah, shit jobs, and people were like, ‘Fuck those jobs. Do them yourself.’”

Adds McBean, “Life’s never going back to where it was. That’s not necessarily a bad thing—all the death was obviously bad. But you have to find some light in all the darkness, or it’ll kill you.”

Pink Mountaintops with Ashley Shadow play Friday, April 29, at 8pm at Felton Music Hall, 6275 Hwy 9, Felton. Proof of full vaccination or negative Covid test required. $15/$19 plus fees. feltonmusichall.com.

The Return of Oganookie at Kuumbwa

Steve Palopoli

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April 20, 2022

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In covering an Oganookie reunion show that sold out the Cocoanut Grove in May of 1975, John Selby wrote in Good Times that “George Stavis’ happy, electric banjo is a symbol of the Oganookie phenomenon.”

Phenomenon. That’s a pretty intense word to describe a band that most locals who weren’t in Santa Cruz half a century ago have probably never heard of. But a phenomenon was exactly what Oganookie was at the time, and a good part of the reason was an Americana sound that was ahead of its time. Ironically, a good chunk of their repertoire was from the bluegrass and folk songbook of the early 20th century or before. While other bands in the ’60s and early ’70s like the New Lost City Ramblers were also rediscovering and reinterpreting that music, Oganookie set themselves apart.

“What was different about Oganookie was we electrified those tunes,” says Stavis now. “And sometimes we butchered ’em.”

In particular, he remembers one reaction to the band’s interpretation of the 19th century folk tune “Sweet Sunny South,” many years after the band broke up. “Somebody said it sounded like punk music the way we did it,” says Stavis.

But in general, they were what he calls a “friendly” band, putting a rootsy and sometimes totally psychedelic spin on traditional folk songs like “The Cuckoo.” They also played original songs written by keyboardist Jack Bowers.

From the time the group—which also included vocalist-guitarist Bruce Frye, drummer Tim Ackerman and fiddler Bob Stern, with manager Peter Troxell later becoming a key component—moved to a communal farm in Brookdale together in 1970 to when they broke up in 1973, Oganookie amassed a huge local following, and were regulars at venues like the old Catalyst, the long-gone Town and Country in Ben Lomond and the famous Chateau Liberte. The Chateau’s iconic Captain Whizzo was also in charge of Oganookie’s light show.

The band has only reunited a few times, most recently in 1993. But on the heels of putting together a website definitively chronicling their story, and restoring their work for Apple Music and Spotify, they will play together again at the Kuumbwa this Saturday.

Oh, and the name? Stavis admits that—despite what mythological origins people might try to convince you of—it started as a dumb, drunken play off of the seminal Michael Olatunji album Drums of Passion, originally “Oganookie and the Drums of Apathy.”

“Let me say in our defense,” he says, “that picking a band’s name is a horror show.”

Oganookie performs at 7:30pm on Saturday, April 23 at Kuumbwa in Santa Cruz. snazzyproductions.com.

Vinyl is Forever

Adam Joseph

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April 20, 2022

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When I was about eight years old and started my collection of audio cassette tapes, beginning with the Beastie Boys’ Licensed to Ill and Run-D.M.C.’s King of Rock, my parents’ record collection sparked my interest. I’d often venture down into the basement and thumb through the 60 or so vinyl albums they had held onto since their college years, which included many obligatory titles in every baby boomer’s repertoire: The Beatles’ Sgt. Pepper’s Lonely Hearts Club Band, Seals and Crofts’ Year of Sunday and Woodstock: Music from the Original Soundtrack and More.

I got to know that collection well. I never even asked to listen to the records, though I knew there was a turntable in the family room that I could use. I’d go through each crate, record by record, and sometimes take one out for a closer look, a sniff or hands-on interaction—I always felt compelled to move the zipper up and down on the Rolling Stones’ Sticky Fingers LP; the topless stripper in pasties who adorns the cover of Tom Waits’ Small Change always required a closer look.

But I would consistently give Big Brother and the Holding Company’s Cheap Thrills the most attention. After more than three decades, the colors were still brilliant and vibrant; Robert Crumb’s caricatures felt kinetic as I stared at them. I had no idea that the album contained the most significant female rock ’n’ roll voice of all time, or that those “silly cartoons” are the work of the most renowned underground cartoonist. When I eventually played the record and discovered the beauty of Joplin’s vocals a few years later, a whole other dimension to the vinyl experience opened up to me.

Aside from a more extensive selection, the vinyl experience isn’t much different from the way it was when I was eight. Three decades later, I have my own vinyl collection, and I’ve absorbed most of my parents’ records. I handle them all, take in the cover art and the smell. There’s nothing like the smell of a brand-new or used vinyl—each preowned record has a different story to tell. Apparently, my experience isn’t unique, and that’s captured in Kevin Smokler and Christopher Boone’s Vinyl Nation: A Documentary Dig into the Record Resurgence. Released just in time for Record Store Day (Saturday, April 23), the film is another love letter to the revival of the vinyl format.

“If I have any big concerns, I just put on a record really loud and drown those thoughts out,” says John Vanderslice, founder of the beloved San Francisco recording studio Tiny Telephone.

Along with Vanderslice, Nation delves into vinyl beyond the music and quality; it shows the emotion, the human connection and how vinyl is all about an all-encompassing experience. The idea of the quintessential record collector has changed over the past decade. It’s no longer ruled by characters like those in Nick Hornby’s High Fidelity. Vinyl love has become inclusive—it’s multigenerational, multicultural and non-gender-specific. Whether or not vinyl sounds better than other formats is in the ear of the beholder. Also, that limited-edition colored vinyl everyone fawns over doesn’t sound as good as traditional black vinyl.

If anyone needs further proof that vinyl has crossed over to the mainstream, the 2022 Record Store Day Ambassador might be all the evidence required: Taylor Swift, one of the biggest pop stars in the world, is representing the voice of cratediggers worldwide for the 15th anniversary of RSD.

“[Record stores] employ people who adore music thoroughly and purely,” Swift says in her opening message on the RSD homepage. “Those people and shops have had a rough few years, and we need to support these small businesses more now than ever to make sure they can stay alive, stay eccentric and stay individual.”

Hell yeah, Taylor!

Vinyl Nation is available on VOD. Record Store Day is Saturday, April 23. Visit recordstoreday.com for titles and participating locations.

Good TimesGood Times

Good TimesGood Times

The New Laws

Senate Bill 483

Assembly Bill 1540

Assembly Bill 124

Senate Bill 775

A DA’s Take

Public Defender’s View

ARTS AND MUSIC

COMMUNITY

GROUPS

OUTDOORS