Community Pitches in to Support Oswald Restaurant

Like some kind of crazy metaphor for 2020, everything seemed to be breaking down at Oswald over the last couple of weeks: a $5,000 hot water heater, various compressors for the freezer, and other restaurant equipment. That was on top of rising operating costs and Covid-19’s decimation of the dining scene.

“It was too much,” says owner and chef Damani Thomas. “I was like, ‘Something’s gotta give.”

Or someone. In fact, a lot of people. Last Friday, Oswald posted a GoFundMe with a goal of $10,000. By the next day, it had raised $25,000. As of press time, locals had contributed more than $30,000 to the “Keep Oswald Alive” fund.

“I was completely blown away,” says Thomas. “I’m still in shock.”

The comments from donors say as much as the monetary totals about Oswald’s stock in Santa Cruz. “It’s an institution and a treasure,” wrote Bill Kempf. Geoff and Sandy Eisenberg addressed Thomas’ own history of giving in the community: “Damani, for so many years, you donated your precious free time and effort to support kids and schools … Many of us will never forget your generosity and consideration, and wish only good things for you.”

Some wrote about Oswald’s culinary excellence, while others wrote about the importance of supporting Black-owned businesses, though you have to wonder if Andrew Dao got a little overenthusiastic with his comment “Keep this Big Black Sexy MFer in business!”

Actually … nah, that was pretty cool.

Thomas says he’s honored by all the contributions and comments, and to live in a community that remains dedicated to giving. He’s found the whole experience inspiring.

“It makes me want to buckle down and work even harder,” he says. 

 Visit gofundme.com/f/keep-oswald-alive to donate.

Savvy Winemakers Expand Their Tasting Potential with Outdoor Tents

Winemakers along the tiny alley between Santa Cruz Mountain Brewing and West End Tap and Kitchen have unfurled another secret weapon in their ongoing tasting arsenal. A sleek row of festival tenting now unites the outdoor tasting spaces of Equinox, Sones Cellars, and Santa Cruz Mountain Vineyard wineries. 

Rainproof—“it’s just gotten its first test,” said an obviously delighted Michael Sones—and as cozy as socially distanced seating can get, the attractive new tents expand the tasting opportunities for several of our top local wineries. 

“It’s become quite European in feel and in atmosphere,” winemaker Sones noted. “More friendly, with the pedestrian only thoroughfare on weekends.” 

Jeff Emery’s Santa Cruz Mountain Vineyard tasting area pioneered the weather-proof tenting. “We did some research and bought our own,” Emery explained, “but then the others located tents that came complete with installation, and they all went in together.” 

The effect is visually irresistible. Emery, whose wine sales are open seven days a week, says that the issue of outdoor heaters is currently being discussed. With MJA Vineyards just across the courtyard, Silver Mountain Vineyards just around the corner, and Stockwell Cellars at the end of the block, the Surf City group continues to fine-tune its tasting appeal. The new tent pavilions, as well as the other members of the winemaking suite, are currently open for tasting on weekends, noon to 5pm.

surfcityvintners.com.

Salad Season

Two particularly notable salads have reached the trunk of my car—and then my dining table—this week. First, we split a special pear and pumpkin salad from Avanti that offered a bed of frisee and arugula tossed with ripe pears, hazelnuts, gorgonzola, and slices of roast pumpkin all glistening in a tangy honey-sherry vinaigrette ($12). The textures—both soft and crunchy— as well as the fruit/cheese balance made every forkful a flavor odyssey. Yes, I know that sounds over-the-top. But there was a lot going on in this salad and it all worked! Autumn on a plate, and terrific with our main courses of duck confit (for which Avanti is justly famous) and lamb meatballs with polenta and red peppers (one of our house favorites). 

On another evening, we picked up a pizza from Pizzeria Avanti (housed in the original home of Avanti; there will be a quiz on all this). To partner the excellent pizza we also brought home a dish so popular that it’s been on the menu of this restaurant (under two owners) for at least 25 years. Yes, I’m talking about the justly famous brussels sprouts salad. A truly flawless assemblage of autumnal flavors (even though it’s great all year round), this salad offers arugula and frisée, tossed with very tiny, perfectly roasted brussels sprouts, seasonal shell beans, toasted pumpkin seeds and the secret heart: diced pancetta, all tossed in a memorable sherry shallot vinaigrette ($12). 

Did you ever think you’d crave brussels sprouts? Neither did I. But this salad is practically addictive, with the brussels sprouts adding a vibrant meatiness to the dish. And it goes with everything, including a side of grilled chicken for an extra $7. 

Avanti Restaurant, 1917 Mission St., Santa Cruz. 5pm-9pm Wednesday-Sunday. avantisantacruz.com. Pizzeria Avanti, 1711 Mission St., Santa Cruz. Carryout dinner nightly from 5pm. 831-425-1807, pizzeriaavanti.net.

Wine of the Week: A well-structured organic Malbec, 2016 Tapiz, from Mendoza, Argentina, contains hints of leather, cherries and violets, 13.8% alcohol (perfect) and the sort of pricetag that will make a believer out of you ($9.99). Head to that user-friendly bargain rack at Shopper’s Corner and find the Tapiz among many other intriguing possibilities. All priced to make you smile, even in the worst of situations.

Well Water Throughout California Contaminated with ‘Forever Chemicals’

In the weeks before the coronavirus began tearing through California, the city of Commerce made an expensive decision: It shut down part of its water supply.

Like nearly 150 other public water systems in California, the small city on the outskirts of Los Angeles had detected “forever chemicals” in its well water. 

Used for decades to make non-stick and waterproof coatings, firefighting foams and food packaging, these industrial chemicals — per- and polyfluoroalkyl substances or PFAS — have been linked to kidney cancer and other serious health conditions. 

The chemicals turned up in both of the city’s wells serving about 3,000 residents. One well already had treatment capable of reducing the chemicals, but the other did not, according to the California Water Service, which operates the wells. 

The discovery forced Commerce to choose between two bad options: keep serving the contaminated water, or shut the well down and import water at more than double the cost.

Flush with funds from taxing the city’s casino and outlet mall, officials decided to err on the side of caution and shut the well down. 

“We don’t take risks when it comes to drinking water,” said Gina Nila, the city’s deputy director of public works operations. 

Then the pandemic struck. The casino closed for months, and the local economy took a hit. City staff were furloughed and laid off. And the tab for replacing its inexpensive underground water with costly imported water continues to climb, reaching about $460,000 in just nine months. 

Now the city faces the prospect of needing to spend $1.8 million on a new treatment system, on top of its growing bill for replacement water.

“We’ll find a way to pay it,” said Commerce’s acting director of finance Josh Brooks. “It’s going to be painful.” 

Rural and urban: Ubiquitous chemicals

Across California, water providers are discovering the same thing: These chemicals are everywhere. They last forever because they don’t break down. They’re dangerous. They’re expensive to get rid of. And many Californians don’t even know they’re drinking them.

California is now cracking down by implementing new thresholds for the chemicals that will force cities and utilities to shut down their wells, treat the water, or notify their customers about the contamination. 

A CalMatters analysis of state data reveals that nearly 200 drinking water wells, or 15% of those tested, have exceeded the new thresholds in at least one round of testing over the past year. Although they are concentrated largely in Los Angeles, Orange and Riverside counties, contaminated wells are found statewide, in rural as well as urban areas. 

At least 26 wells in hotspots, including Fresno, the East Bay and parts of Riverside and San Luis Obispo counties, contain extreme amounts of the chemicals — two to 10 times higher than the state’s recommended levels in at least one test, according to the CalMatters analysis.

“I actually think it’s scary as all get out, so we need to clean it up,” said Felicia Marcus, a visiting fellow at Stanford University’s Water in the West program and former chair of the State Water Resources Control Board. “The real question is, what is it going to take?”

Underground water is one of California’s most precious resources, providing nearly half of its drinking water, and even more in drought years. In a state where water is already scarce, the contamination of wells adds another unwelcome stressor.

The big blow to local agencies comes as the coronavirus pandemic guts cities’ budgets and their capacity to deal with yet another crisis. Groundwater is cheap, costing ratepayers much less than water imported hundreds of miles through aqueducts. Replacing the tainted water can double the cost, while removing the chemicals can cost each supplier millions of dollars in sophisticated, new treatment facilities such as reverse osmosis.

At least 146 public water systems serving nearly 16 million Californians have already detected traces of the two most pervasive chemicals — perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) — in their well water, according to the CalMatters analysis.

The sources are ubiquitous across California: They leak into groundwater from firefighting foam used by airports and military bases, trickle off landfills and seep from industrial facilities.

“The PFAS that are in the environment today are likely to be in the environment 20 years from now or 40 years from now or 100 years from now,”  said Jamie DeWitt, an associate professor of pharmacology and toxicology at East Carolina University. “And eventually you’re going to have enough in your body so that your body starts to develop diseases.”

Federal advisories for drinking water, which are not enforceable, recommend limiting PFOA and PFOS to 70 parts per trillion, combined. But California officials, concerned about the health effects, set more stringent thresholds: 10 parts per trillion for PFOA and 40 parts per trillion for PFOS. 

Now, under a new state law, the water board will require providers to clean up their water or notify customers if the average concentrations exceed those thresholds, called “response levels,” over the next year. 

Detecting “forever chemicals” in groundwater doesn’t necessarily mean that people are drinking high levels of them.

CalMatters’ analysis shows that some providers — including in Pico Rivera, Downey and migrant farmworker housing near Watsonville — are serving drinking water from contaminated wells that exceeded the state’s threshold in at least one test over the past year.

But 19 suppliers, including in Oroville, Atascadero, Jurupa Valley and the Santa Clarita Valley, have shut down more than 50 contaminated wells. A few, like Pleasanton, have relegated their tainted wells to emergency-use only. 

And 21 suppliers, including ones in Corona, East Los Angeles, Fresno and Riverside, already have treatment systems that can filter out some of the chemicals or blend with cleaner water to dilute them. However, under the state’s new threshold, more action may now be required for some providers’ water to be clean enough to comply.

One of the hardest-hit areas is the northern half of Orange County, which gets more than 75% of its water from wells. In July, the Orange County Water District estimated that roughly 20% of 200 wells had been shut down because of the chemicals — eliminating enough water to serve hundreds of thousands of people per year. Replacing that water could add $20 a month to residents’ bills, and the costs could ultimately top $1 billion over the next 30 years, according to the district.

Finding out whether water systems are actually serving the contaminated water to people is remarkably difficult. 

CalMatters contacted 67 water providers that have exceeded the new guidelines in at least one round of testing. Many repeatedly failed to respond; a few, like the cities of Lathrop and Monterey Park, refused to say whether their tainted wells were currently providing drinking water to residents. 

The state water board has urged providers to notify their customers of elevated levels, but has not required it. That will change over the next year as the new law’s requirements kick in. 

Californians are largely left in the dark about the safety of their drinking water: Less than 9% of roughly 14,350 public drinking water wells in the state have been tested for PFOA and PFOS. State requirements have focused on areas considered vulnerable to contamination, such as near airports and landfills.

This fall, California expanded its testing orders from roughly 600 to 900 wells, including those within a one-mile radius of previous detections. Some providers also voluntarily test their wells. (The hundreds of thousands of private wells are excluded from testing requirements.)

People can test their own water for the chemicals, but the process is costly and difficult, and only some household filters work. Residents wondering if their water supply has been tested should contact their supplier.

The low rate of testing in California means that the true extent of the contamination — and the cost of cleanup — remains unknown. 

“We have an emerging problem with a lot of our water providers — contamination that is not their fault,” said Assemblymember Cristina Garcia, a Bell Gardens Democrat who wrote the law authorizing state officials to crack down on the chemicals. “So how do we fix that?” 

Higher rates of serious diseases

These “forever chemicals” have been accumulating in water, soil and human bodies since the late 1940s, when 3M Co. developed a revolutionary process to make them, leading to Scotchgard and other products. Soon after, DuPont began using PFOA to make Teflon

Prized by industry for their ability to repel water and oil, the chemicals exploded in use worldwide. After the Environmental Protection Agency learned that they were building up in people’s bodies and the environment, 3M agreed in 2000 to begin phasing out PFOS, and DuPont agreed in 2006 to phase out PFOA. 

Nearly everyone in the United States carries PFOA and PFOS in their bodies — even babies, who absorb them during pregnancy and breastfeeding. In California, more than 780 people tested had an average of seven “forever chemicals” in their blood; nearly all had at least one, according to Matt Conens with the state Department of Public Health. 

In 2004, the Environmental Protection Agency charged DuPont with illegally hiding evidence about the health risks of PFOA for 20 years. Then the extent of the danger to the public was revealed several years later, after residents of the Ohio Valley sued DuPont. Funded by a $70 million settlement, researchers found higher rates of diseases among people drinking water highly contaminated with PFOA from a DuPont factory in West Virginia.

The research team reported a “probable link” between PFOA and six health conditions: thyroid disease, kidney and testicular cancer, ulcerative colitis, high cholesterol and dangerously high blood pressure in pregnancy. 

The chemicals also can impair the immune system, according to the National Toxicology Program. Children with high levels of PFOA and PFOS in their blood produce lower levels of antibodies after vaccination, which could reduce their ability to fight off infections. 

“Now we’re discovering all these bad things, and in the meantime, the (chemicals) have multiplied and biomagnified in the environment and in human bodies,” said Philippe Grandjean, a Harvard University adjunct professor of environmental health who has studied immune effects of the chemicals. 

Even as water systems struggle to clean up PFOA and PFOS, use of other substances in the massive family of perfluorinated chemicals continues.  Newer chemicals were detected twice as often as the old ones at airports and landfills, according to a water board analysis

“The train has already left the station,” Grandjean said. “And we’re just running on the platform, trying to get hold of the handle on the last car.” 

‘Would they take the risk?’

Many Californians are unaware that they’re drinking traces of the chemicals. 

Aracel Fernández, 51, who worked as a farm laborer until she hurt her back, has been living at the Buena Vista Migrant Center near Watsonville for the past 23 seasons.  Her water tastes so unpleasant — like chlorine — that she pays $30 a month for bottled water. 

But she didn’t know that the well providing her drinking water contained levels of PFOA up to 13 parts per trillion, above the state’s new recommended limit of 10 parts per trillion.  

That well remains active, according to Jenny Panetta, executive director at the Housing Authority of Santa Cruz County, which operates the center and the well. “We believe the water at Buena Vista is healthy and safe, in compliance with all requirements, and we’re committed to keeping it that way,” Panetta said in an email. 

Now that Fernández knows that the carcinogenic chemical is in her water, she has a question for officials who say the water is safe: Would they drink it, or let their kids and pets drink it?

“¿Se arriesgarían?” Fernández asked — “Would they take the risk?” 

In Pico Rivera, a city east of Los Angeles that is 91% Latino, well water has high concentrations of PFOA. But Frances Esparza, superintendent of the El Rancho Unified School District, didn’t know about the contaminated water at her schools until she read about it in the Whittier Daily News about a year ago. 

“Knowing that was in our water really concerned me,” Esparza said. “All of us are in this situation, and we’re finding out in a local newspaper? That’s not ok.” 

Esparza shut down the schools’ taps and drinking fountains, purchased bottled water and spent nearly $80,000 to install filters on sinks and fountains. 

Scott Bartell, a professor of public health at the University of California Irvine, also didn’t know about the contamination in his home turf of Orange County until he went looking for it. And Bartell knows these chemicals better than most: He helped investigate the health threats in the Ohio Valley and served on a World Health Organization panel reviewing the links between PFOA and cancer.

Bartell is now spearheading the California arm of a nationwide investigation into exposures to the chemicals and associated health risks, including children’s brain development. 

“They build up in the body and they have the potential to be toxic,” Bartell said. And there are a lot of opportunities for people to be exposed to them. “You put all that together, and it is a concern.” 

Treatment costs millions

Some water providers are trying to find millions of dollars to treat or replace their contaminated water.

In Pico Rivera, residents rely 100% on groundwater. All city-operated wells and half of the Pico Water District’s supply exceeded the state’s new recommended levels in at least one round of testing over the past year. 

Some of the wells have up to twice as much PFOA as the state recommends. 

“We were kind of shocked at how high they were,” said Adrian Rodriguez, water supervisor for the city of Pico Rivera.

“We didn’t cause the contamination … someone else did. We don’t know where it came from, or how it got there,” Rodriguez said. “Right now we’re barely getting a handle on it.”

Pico Rivera’s contaminated wells are still providing water. It could take at least a year and nearly $4 million to build just one treatment facility for two wells, and Pico Rivera doesn’t have the money.

“This is a big, big, big impact to our agency to be able to treat the water or install facilities in a very short time,” said Monica Heredia, director of public works.

Anaheim faces a similar plight. Its 19 wells provided about 70% of the water used by 64,000 customers. But after detecting the chemicals, the city shut down 12 of the wells, replaced them with imported water and increased residents’ rates by about $7 per month. 

The Santa Clarita Valley WaterAgency, which serves more than a quarter-million people, shut down 17 of its 42 wells. Installing a new $6 million treatment facility that costs $600,000 per year to operate brought three wells serving about 5,000 households back online. But treating all of its contaminated wells will cost about $80 million upfront plus $3 million to $5 million per year, according to spokesperson Kathie Martin. 

It’s the same story across the state. California Water Service has shut down PFAS-tainted wells in Chico, Marysville, Oroville and East Los Angeles, and returned a critical well to service in Visalia with a $1.6 million treatment plant.

Making matters worse, there are still thousands of other perfluorinated chemicals in use today, and treatment installed for some may not be effective for all. 

Funding is scarce

Some providers pay a centralized water district to manage the groundwater — and now those agencies are putting a portion of that money toward cleanup. 

“From an economic standpoint, it makes sense for us to help out our pumpers,” said Rob Beste, assistant general manager of the Water Replenishment District, which has set aside up to $34 million to help its customers pay for treatment. And with groundwater about half the cost of imported water, “it makes sense for the pumpers to treat it and still use groundwater,” he said.

But state funding to help water agencies is scarce in California. “There are many systems applying for funding, and there’s not enough money to go around,” said Daniel Newton, assistant deputy director of the state water board’s Division of Drinking Water.

To cover the costs, water providers across the state have started what legal experts suspect could become a flood of lawsuits. 

The Orange County Water District has lined up seven law firms as it considers suing to recover clean-up costs projected to exceed $1 billion. Already, it has paid $1.4 million to investigate treatment techniques. The district’s legal counsel wouldn’t say which parties a lawsuit would target, but likely defendants include chemical companies. 

Some water agencies already have sued 3M and DuPont, and its various spin-offs. Others are also suing the military, which has used firefighting foam containing the chemicals for decades. 

“It doesn’t matter to us who pays for these as long as our customers don’t have to,” said Kathryn Horning, corporate counsel for California American Water, which is suing chemical manufacturers and the Department of Defense to help pay for a $1.3 million system to clean up a well near the former Mather Air Force Base near Sacramento.

3M spokesperson Sean Lynch said the company “acted responsibly in connection with products containing PFAS and will vigorously defend our record of environmental stewardship.” DuPont, which has undergone corporate reshuffling since making and using PFOA, would only say it was wrongly named in the suit.

Finding a way to pay for treatment will be critical, particularly as more chemicals make their way into Californians’ water. 

“Certainly, in the long run, this (contamination) is going to take a lot more money,” Stanford’s Marcus said. “And a lot more thought.” 

Data analysis and graphics by Youyou Zhou. Rebecca Sohn and Jackie Botts contributed to this report. 

This article was supported by a grant from The Water Desk, an independent journalism initiative based at the University of Colorado Boulder’s Center for Environmental Journalism.

CalMatters is a nonprofit nonpartisan media venture explaining California policies and politics.


Family of Covid-19 Victim Sues Watsonville Nursing Home

The family of a man who died from Covid-19 at Watsonville Post Acute Center (WPAC) has sued the facility.

Donald Wickham, 94, died on Oct. 10. He was one of 16 residents who died after contracting the virus.

According to the lawsuit filed Nov. 10 by Santa Cruz law firm Scruggs, Spini & Fulton, the facility was “understaffed and inadequately trained” in infectious disease prevention and control.

The facility was investigated by the California Department of Public Health (CDPH) six times for poor infection control procedures, attorney David Spini said, adding that the lawsuit is “the first of what could be a number of lawsuits against Watsonville Post Acute.”

At the peak of the outbreak at WPAC, 50 residents and 20 staff members tested positive for Covid-19.

“Infection control in nursing homes is not some new thing,” Spini stated in a press release, pointing out that WPAC had more than six months to prepare for Covid’s spread.

“Instead, the nursing home ignored the World Health Organization, the Centers for Disease Control, the California Department of Public Health, and our county’s own training and instruction,” Spini stated. “Most nursing homes have done just fine, but not Watsonville Post Acute. It is a real tragedy.”

According to Spini, CDPH found after an investigation in October that WPAC was not in compliance with infection control procedures when a housekeeper was not screened for Covid-19 before the start of their shift.

The Wickham lawsuit seeks damages for Wickham’s death, as well as punitive damages.

The lawsuit is not the first time WPAC and the neighboring Watsonville Nursing Facility—the two are under the same ownership—have faced troubles.

In May 2015, the owners agreed in federal court to pay a $3.8 million fine for filing false Medi-Cal and Medicare claims and providing “materially substandard or worthless services.”

Along with paying the fine, the company signed a five-year Corporate Integrity Agreement (CIA) with the U.S. Department of Health and Human Services Office of Inspector General. The agreement, among other things, required the company “to implement and maintain a robust compliance program and retain an independent monitor to help ensure the nursing homes’ compliance with Medicare and Medicaid regulations and standards of care.”

In 2017, they were fined $1,000 by CDPH for failing to report abuse from an employee, and the year after they were handed two $2,000 fines for lack of pest control and for failing to provide a safe environment for non-smoking residents.

This year, they were fined $1,000 on July 20 for failing to complete their daily Covid-19 survey to the county health officer on June 5, June 24 and July 10.

Case Management

WPAC states on its website that it now has no new cases.

The outbreak at WPAC prompted facility officials to call in the National Guard to make up for the staffing shortages.

Covid-19 outbreaks are not unique to those facilities, nor to Santa Cruz County. Santa Cruz Post Acute on Nov. 15 reported that 15 residents and four staff members tested positive. One resident there died. At Maple House II in Live Oak, 11 residents and nine staff members recently tested positive for Covid-19.

According to a report by the American Health Care Association and National Center for Assisted Living (AHCA/NCAL), Covid-19 cases in nursing homes grew 73% between mid-September and the week of Nov. 1 to 10,279 new weekly cases.

Most of the cases were caused by community spread, said Mark Parkinson, president and CEO of AHCA/NCAL.

“Our worst fears have come true as Covid runs rampant among the general population, and long term care facilities are powerless to fully prevent it from entering due to its asymptomatic and pre-symptomatic spread,” Parkinson stated in a press release.

The outbreaks at nursing homes are prompting the facilities to limit visitation, a growing concern during the holiday season as families look to spend time with each other.

WPAC and WNC have suspended their “socially distanced visitation program,” and are instead offering video visitation, facility Administrator Rae Ann Radford stated on the facility website.

Radford took over the leadership role on Oct. 19 from Gerald Hunter.

She says that the coronavirus has presented a challenge for the healthcare industry, and the skilled nursing industry in particular.

Reporting in

The joint WPAC and WNC website announced that two staff members at WPAC had tested positive for Covid-19 on July 19. On the same day WNC, the neighboring facility, announced that two residents and an employee had tested positive.

But data from the Centers for Medicaid and Medicare Services show that two residents at WNC had tested positive at least one week before that announcement. By that time, WNC had also reported that it had 12 suspected Covid-19 cases.

The number of suspected cases held steady until the week of Aug. 2, when WNC reported that it had suspected 18 more residents had come down with the disease.

WPAC during that time, however, did not report any positive cases and reported only one suspected Covid-19 case. But on Sept. 13 that facility reported that it had admitted or readmitted 11 patients that had been previously hospitalized and treated for Covid-19.

The situation spiraled out of control after that week. 

On Sept. 20, eight WPAC residents tested positive, and 18 were suspected to have the disease. A week later, that facility had 30 positive cases, reported another dozen suspected cases and announced three deaths.

In the matter of a month, WPAC had gone from one suspected positive case to 39 confirmed positive cases, 53 suspected positive cases and 12 confirmed Covid-19-related deaths. It had also seen 19 deaths overall in that same time.

Once home to 80 residents at the start of September, WPAC dipped below 50 by mid-October.

It is not clear where those 11 patients that had previously been hospitalized and treated for Covid-19 came from. It is also not clear why the facilities did not test the residents that were suspected to have Covid-19.

Also unclear is whether Hunter is still employed by the company that owns WPAC.

The CDPH website lists Crescent Facilities Operations, LLC, as the owner, but a phone number listed for that company was disconnected. Multiple attempts to reach an owner for comment were unsuccessful.

Radford declined to comment for this story, citing patient confidentiality. But she provided this statement through email:

“At Watsonville Post Acute we pride ourselves in the care we provide to our residents and keeping an open line of communication with the residents’ families and responsible parties,” Radford stated in the email. “The health & safety of our residents and staff are our main priority. We will continue to provide the care that our residents need.”

Radford stated in a separate email that “Watsonville Post Acute Center will be aggressively defending against these allegations.”

Families weigh in

Family members whose loved ones are—or were—at WPAC, say they found a lack of communication, unsanitary conditions, brusque staff members and an unsettling level of disorganization during the Covid-19 outbreak.

In September, a WPAC staff member called a woman, who wished to be identified as Megan Elizabeth for fear of repercussions, with news that her father had tested positive for Covid-19. They also told Elizabeth that an outbreak had been discovered the day before, which was inaccurate since the center reported its first case in July.

A single case in a skilled nursing facility is considered an outbreak, Santa Cruz County spokesman Jason Hoppin said.

“I had no idea they already had a situation,” Elizabeth said.

Elizabeth added that the center still did not let her talk to her father. They then called 12 hours later to say he had “gone downhill,” she said.

Six hours later, her father was taken by ambulance to a hospital with a blood-oxygen content of 86%, a level that some medical professionals consider an emergency.

Elizabeth says that WPAC incorrectly labeled her father as a homeless Medicare patient for his hospital visit, and she was not able to speak with him for his five-day stay.

“It was so chaotic,” she said.

Elizabeth says her attempts to get information from WPAC about her father were ignored, or met with terse responses.

He returned to the facility after defeating Covid-19, but his health has continued to deteriorate from lack of care, Elizabeth says. He was admitted back to the hospital after developing viral pneumonia and another infection when WPAC staff failed to replace a urinary catheter, Elizabeth says.

“Even after all of this, he is absolutely not getting any better quality of care,” she said. “And he is terrified, and I am terrified. It’s a really scary thing to get so many questions unanswered and getting so many lies. I can go back as far as April and not get any answers.”

Inez Moton, 71, says her family admitted her brother Otis O’Neal four years ago. As a former nurse who worked at several nursing homes, she says she was happy with the care he received, and that he seemed happy there as well.

That is why a phone call on Sept. 25 telling her O’Neal was having difficulty breathing—and was being admitted to the hospital—surprised her.

“They said, ‘You were informed that he had Covid, right?’” Moton said. “I said, ‘No, I wasn’t informed.’”

According to Moton, WPAC performed an in-house test on O’Neal that came back positive. The caller stated that the center had sent an email, which Moton says she did not receive.

When she tried to call her brother, she was told he was sleeping, she says.

Moton then asked the caller when he had tested positive, and they told her a nurse would call her with that information.

The call never came.

For the next week, Moton says she was stonewalled by WPAC staff on at least five separate phone calls. She says that staff was dodgy at best and that she was never able to speak to a social worker or the administrator despite her requests.

She says she called the county Long Term Care Ombudsman, which provides advocacy services for patients in nursing homes, on Sept. 30. 

Two days later—at 11:30pm—Moton finally got a phone call from a staff member, but not the one she was hoping for. Her brother had died an hour earlier.

More than a week later the WPAC Director of Nursing Services called wondering what to do with O’Neal’s possessions. Moton says she asked if her brother’s lab test was positive for Covid-19. The nurse said she would have somebody call her back.

Nobody has.

“I need to get to the bottom of this,” she said. “I don’t want a lawsuit. I want this known. Because I found out later that my brother was one of the two first people to die there, supposedly of Covid, and we still haven’t gotten a call back. If you don’t have anything to hide, why can’t you get back to me? Why can’t you tell me for certain?”

Complaints 

According to data from the CDPH, from 2017-2019 WPAC and WNC have had 87 complaints filed against them—landing above the annual state average in ‘17 and ‘19 when combined—and failed federal or state inspection on 11 of those complaints. In that same time, they also had 109 “survey deficiencies,” infractions that are recorded by investigators during visits regarding complaints or certifications.

Those deficiencies ranged from failing to tell the ombudsman that a patient had been transferred to a hospital in 2019 to failing to provide a comprehensive plan of care for patients with ailments in multiple years.

Elizabeth says she placed her father in WPAC after an injury left her unable to care for him. After three months, she says her formerly independent father was “a whole different person” who had lost weight and had become despondent.

Worse, he resorted to using diapers because he couldn’t get help from staff to get to the bathroom, Elizabeth says.

Those problems were not unique to her father, she says. Instead of seeing people being rehabilitated, she saw them languishing in their beds.

Elizabeth said she had raised concerns with staff for issues such as patients lying naked in their beds with the door open, and people screaming in the hallways with nobody helping them.

“I thought this was a rehab,” she said. “But everyone there seems permanent. I don’t see anyone getting out of there any time soon.”

Elizabeth says she filed a complaint more than a month ago but has yet to hear whether it has been processed.


Pajaronian Managing Editor Tony Nuñez contributed to this story.

Biden’s Election Brings DACA Recipients New Hope

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Yoni Espinoza says he was just 6 years old when his mother told him that they were going to go on a “long, long walk.”

He says he had no idea the trek would be a three-day journey through excruciatingly hot days and numbingly cold nights across the U.S.-Mexico border.

“We just kept walking,” he said. “For some stretches, I walked. For other ones she carried me …. We just kept moving.”

Espinoza and his mother were fleeing the Chiapas Conflict, what he equated to a “small civil war” in the Mexican state in the ’90s. They were hoping to start a new life in the United States.

Today, Espinoza is a father, an older brother, a loyal partner, a college graduate and, in his eyes, an American.

“If you ask me if I’d ever leave to live in Mexico, I’d say ‘no,’” he said. “I am Mexican, but I’ve lived here my entire life. Everything I know is here. This is my home.”

In the eyes of the U.S. government, however, Espinoza is stuck in limbo with roughly 800,000 other people living in the country.

A recipient of the Deferred Action for Childhood Arrivals (DACA) program, Espinoza, 27, can call the U.S. home, but he can’t officially say it’s his home country. And realizing his dream of becoming a first responder is out of the question too, as being sworn in as a firefighter or police officer requires U.S. citizenship at most departments.

But with former Vice President Joe Biden, who championed DACA on the campaign trail, set to step into the White House next year, Espinoza says he has a new resolve that in the near future he will be able to do all of that and more.

“There’s hope for us that wasn’t there before,” he said. “[Biden’s presidency is] going to open more doors for us, for the DREAMers.”

WHAT IS DACA?

In short, DACA is an immigration policy established by then-President Barack Obama in 2012 that allows certain undocumented people to temporarily avoid deportation and obtain work permits if they were brought to the U.S. as children at age 16 or younger.

Since its inception, the program has often been used interchangeably with the Development, Relief, and Education for Alien Minors Act, also known as the DREAM Act, a bill introduced in 2001 that has for two decades not received enough legislative support to become law.

Much of the DREAM Act—which spurred the DREAMers movement and moniker still around today—is embedded in DACA, except for one very important aspect, says Matthew Wisner: a path to citizenship.

“For a lot of these recipients, [to become a citizen] is something that they’ve always wanted,” said Wisner, the directing attorney for the Community Action Board’s Immigration Project.

Wisner said the Immigration Project serves a “tremendous” number of DACA recipients and other immigrants of various statuses throughout Santa Cruz County. Many of those DACA recipients, he said, are young adults in the workforce or in higher education who “don’t know any other home.”

Nationally, that is also the case. Numerous surveys, reports and studies have found that the program benefits the economy, and that recipients have reached higher levels of education and higher salaries than those not in the program. Employment levels for DACA recipients have held steady at more than 90%, according to a report from the Committee on Small Business. The Center for American Progress said that their deportation would cost the country more than $400 billion over 10 years.

“This election was really consequential,” Wisner said. “We were kind of at a crossroad for this large population of our community.”

THE LAST FOUR YEARS

President Donald Trump moved to scrap the program, which he called illegal and unconstitutional, during his first year in office, but that move was rejected by the Supreme Court earlier this year.

Though that decision was tabbed as a major victory for DACA recipients, the Trump administration following that ruling announced that it would no longer be accepting new applications, and that it would reduce the renewal period from two years to one and reject most requests from recipients to travel outside of the country.

The decision by the current administration to undermine the Supreme Court’s ruling was not surprising, says Doug Keegan, Wisner’s predecessor who retired from his post on Nov. 1.

Trump’s tough stance on immigration and brash attacks on programs such as DACA, Keegan says, often left the Immigration Project scrambling to assure the numerous immigrants they serve that they were safe and that their status would not be affected. Biden’s win, he said, will alleviate some of those anxieties.

“It was like putting out fires every day,” he said. “It was exhausting for us, and you can imagine it was stressful for the people we serve.”

Both Wisner and Keegan say Biden can quickly overturn many of Trump’s more than 400 immigration policy changes with executive actions. Restoring DACA fully, they both said, should be at the top of Biden’s priority list when he enters office.

The president-elect has said he will do that and more. The Biden campaign said that DREAMers and their parents should have a path to citizenship through legislative immigration reform. It also said that Biden will ensure DREAMers are eligible for federal student aid and are provided access to community college without debt. His campaign also said he would invest in historically Black colleges and universities, Hispanic-serving institutions and minority-serving institutions, “which will help DREAMers contribute even more to our economy.”

The former of those plans, Keegan said, will be a much tougher task.

“Those are easy fixes that he can do with executive actions,” he said. “Lobbying Congress to address immigration reform, that’s much harder.”

HOLDING OUT ‘HOPE’

Espinoza says he realizes that his path to citizenship might not be realized for some time.

“But I’m hopeful,” he said. “I hope to be a citizen before I’m 35.”

His optimistic outlook on his situation comes from seeing his family’s success. He has two younger sisters, Yvette, 16, and Kimberly, 11, who he says excel in school, and have no immigration status limitations placed upon them.

His younger brother, Angel Luis Hernandez, 19, was a star soccer player at Watsonville High School—his alma mater—and now plays at Hartnell College in Salinas. Espinoza said his brother is thinking of becoming a police officer after college. He says he hopes that one day he can join his younger brother as a first responder.

“I want to help my community,” he said. 

And he says becoming a U.S. citizen would assure him that he will never be torn apart from his 1-year-old daughter, Sofia.

Espinoza says he plans to get married to his partner of 10 years, Yesenia Lara, and begin the “naturalization process” that way. There is no guarantee that he will receive a marriage-based green card, but he says that will not stop him from trying.

“I’m going to keep going—I’m going to keep moving,” he said. “You can’t give up hope.”

‘Love You Madly’ Livestream Features Bonnie Raitt, Boz Scaggs and More

In Alecia Haselton’s video for the “Love You Madly” fire relief campaign on the santacruzfirerelief.org website, she’s sitting on a horse in a river, singing a cappella while she slaps her leg as musical accompaniment. 

The song, “Haulin’ 2 Horses,” is a recent one that she wrote while actually hauling horses out of the CZU Lightning Complex fire burn zone in her truck and trailer. It’s short—less than two minutes long—unusual, and moving.

It’s just the kind of powerful statement by musicians that “Love You Madly” organizer Jon Luini wanted to bring to this fundraising effort, which is subtitled “Artists for Santa Cruz Fire Relief” and aims to inspire viewers to donate to the Community Foundation of Santa Cruz County’s Fire Response Fund. 

With help from Event Santa Cruz’s Matthew Swinnerton, Luini has now posted performances and messages of support from more than 50 artists, sharing new videos every week. He’s hosted big names from both the national music scene (Joe Satriani, Los Lobos, John Doe) and the local scene (Good Riddance, Chris Rene). With the announcement of an upcoming “Love You Madly” livestream on Dec. 5 that will feature Bonnie Raitt and Boz Scaggs, Sammy Hagar, Los Lobos, Colin Hay, the String Cheese Incident, Rogue Wave, Laurie Lewis and more, he’s upping the profile of the campaign’s artist roster yet again.

And yet, Luini admits it can be a video from a relatively unknown local artist like Haselton that surprises him the most.

“It was a shock,” he says of seeing the unorthodox video for the first time. But when he heard Haselton describe the backstory of the song in the video, he realized it was everything “Love You Madly” is about. 

“It tied in perfectly,” he says. “I thought that was wonderful.”

Show Time

The musicians who’ve contributed to “Love You Madly” have turned in everything from full-on productions to iPhone videos. But what has impressed Luini is that they’re never phoning it in, even when they’re literally phoning it in. It’s evident from their contributions—for instance, Louie Perez’s incredibly touching message that prefaces Los Lobos’ performance of “Anselma”—that it’s as emotional for these musicians to create these videos as it is for us to watch them.

Still, it’s hard to keep awareness of the fire’s many victims in the public consciousness week after week—especially in disaster-ridden 2020. That’s why Luini began thinking about doing a livestream, even though the initial concept for “Love You Madly” had been the opposite of the “one big event” model of fundraising.

“It’s a bit of a rollercoaster,” he says of doing the campaign. “There was a lot of excitement in our first month. Week seven is where I started feeling like, ‘I wish I had a whole staff.’ That’s when I started feeling like maybe it’s time to build up an event. I wanted to get people’s attention back to the recovery. It’s going to be a decade. It’s a long haul, and we’re only at the beginning.”

The “Love You Madly” livestream also makes it easier for big-name artists who get requests for benefits all the time and worry that having too many floating around on the internet at once will diminish their impact. They may not be comfortable submitting something that will be on the “Love You Madly” site forever, but they can contribute a performance to a livestream (the videos will be pre-recorded).

“Then there’s the space for the next thing they want to support—because there are so many good causes,” says Luini.

Horse Sense

While the livestream is sure to make a splash, the campaign relies week to week on artists like Haselton to allow their own connections to the community to inspire them. During the fire and in its aftermath, Haselton was obsessed with saving horses and later returning them to their families. Her first save came after she first heard about the fire, and called some people she used to housesit for on Ice Cream Grade to find out if they needed help getting their horse out. They did, so she hijacked her mom’s truck and trailer and made her way into the burn zone, getting the horse to safety.

“I led it down the road, and there were literally flames to the sides of us,” she remembers.

Most of her rescue work, though, actually came after the fire, after she got herself on a social media list of people who were available to help evacuees transport their horses.

“I was so pumped on it,” she says of helping evacuees with their horses. “Everything revolved around it.”

So it makes sense that she would choose to do her “Love You Madly” song on a horse in the mountains, but she was still very aware she was making it weird for everyone. Like when she rode the borrowed horse to the river where she was going to shoot with videographer Katey Schoenberger—bareback, in a white dress.

“I was riding through the neighborhood, and I felt like some sort of weird pageant queen, or someone from Game of Thrones,” she says.

She’s thrilled that people are appreciating her offbeat take on the concept. Swinnerton certainly does, and he says his young daughter may be the biggest fan of all.

“She’ll come over and slap her leg, like ‘I want that song,” he says. “It’s by far her favorite song of the year.”

‘Love You Madly: A Stream For Santa Cruz Fire Relief,’ featuring Bonnie Raitt and Boz Scaggs, Sammy Hagar, the String Cheese Incident, Los Lobos and many more will be broadcast on Dec. 5 at 7pm. Free. For more information, visit: santacruzfirerelief.org. The campaign also has a ‘Love You Madly Santa Cruz Fire Relief’ T-shirt available at bonfire.com, with original art by Chris Gallen and 100% of proceeds going to Community Foundation Santa Cruz County.

LGBTQ Community Makes Big Strides in Local Elections

The 2020 U.S. Election saw a record turnout, with a higher percentage of Americans voting than in any election in at least a century. With that high number of voters came plenty of landmark wins—including for LGBTQ candidates in all levels of government.

LGBTQ representation in Congress will hit an all-time high in 2021, and a record-breaking number of candidates have been elected to state legislatures. In Delaware, Sarah McBride became the first transgender person elected to any state senate in the U.S. In Florida, Shevrin Jones became his state’s first LGBTQ senator.

Local candidates also secured historic wins this year. Jimmy Dutra, who served on the Watsonville City Council from 2014 to 2018, will be the city’s first openly gay mayor after winning the race for his District 6 seat. 

In Santa Cruz, Vice Mayor Donna Meyers, who was elected to the City Council in 2018, is the presumptive choice to serve as the city’s next mayor. The Santa Cruz City Council won’t vote to appoint the next mayor until December, but assuming it all goes as expected, Meyers would become the city’s first-ever lesbian mayor.

Dutra says he’s “thrilled” that the mayors of the two largest cities in the county will be LGBTQ.

“It is definitely a moment in history that will be archived and remembered,” he says. “But it’s more than that. It’s hope for our future leaders …. It will give them hope that anything is possible, no matter who you are or who you love.”

In addition to Dutra and Meyers, there were other LGBTQ candidates who won local races. Steve Trujillo won a seat on the Cabrillo College Board of Trustees. Nancy de la Peña is now the first LGBTQ judge elected to the Santa Cruz County Superior Court.

Meyers is “very excited” about the progress nationwide toward getting more kinds of representation in office.

“Communities are made up of diversity,” Meyers says. “It is so important to have all perspectives … to identify the needs of everyone.”

TRUE TRAILBLAZER

When it comes to LGBTQ representation, Dutra and Meyers credit the career of current California State Senator-elect John Laird with leading the way. 

Santa Cruz city voters first elected Laird to the City Council all the way back in 1981. Laird says he didn’t hide the fact that he was gay, but many residents didn’t know. In November 1983, shortly before his fellow councilmembers appointed him mayor, a reporter asked Laird if he was gay. He confirmed that he was. Pretty soon, the news was all over newspapers across Santa Cruz County and beyond. TV news crews from across the state showed up for Laird’s swearing-in. At the time, there were only a few LGBTQ elected officials anywhere in the U.S. That year, he and two others became the three first openly gay mayors in the country.

Laird says he didn’t know how the news would go over. Looking back now, he is glad he was so open about who he is.

“My job was to be the best mayor I could … but to be clear about who I was,” he says. “Whatever credibility I gained I’d spend on making clear that it’s a good thing to be LGBT. It changed people’s views. That was my goal.”

Laird went on to become one of the first two openly gay men to serve in the California legislature, with the other being then-Assemblymember Mark Leno of San Francisco. Laird also helped form the first LGBTQ caucus and served eight years as California’s secretary for natural resources.

Meyers says that Laird’s legacy has been “instrumental” in paving the way for progress.

“This community has always been supportive, and now we also have the ability to be on the frontline of policy,” she says.

Much of that local support has come from organizations like the Diversity Center Santa Cruz County, which has been advocating for LGBTQ rights since 1989. Local historian Rob Darrow says the center has remained a safe space for people to discuss their political aspirations.

“What we are seeing today [is] the result of the longstanding programs and spaces provided in the past,” he says.

LOOKING AHEAD

Santa Cruz County has been a progressive region for LGBTQ rights for decades. In the 1970s, Santa Cruz adopted anti-discrimination ordinances and was the third city in California to organize a Pride event. In 1978, the county helped stop the Briggs Initiative, which proposed to outlaw gay or lesbian teachers in public schools.

The results of the 2020 election may be a culmination of all that history and progress. Still, Dutra says, everyone has a long way to go.

“It’s an exciting moment, but it does give me pause. Why did it take so long?” he asks, noting that he and Meyers will be only the first and second LGBTQ mayors elected in the county since Laird left office. “It’s been nearly 40 years.”

It was not until 2008 that Watsonville had its first Pride event. The Pajaro Valley Pride organization was formed in 2016, aiming to transform the somewhat socially conservative area into a more accepting place for LGBTQ residents.

Having representation in office, Dutra says, is crucial to the city’s future. There’s immense value, he explains, in constituents being able to see themselves reflected in their elected officials, no matter their race, religion or sexual orientation.

For his part, Dutra is focused on returning to elected office. He says he’s extremely thankful to the community and eager to serve his hometown.

“I’m overwhelmed by the support I received,” he says. “I promise to work for all of us—no matter who you are.”

Additional reporting by Jacob Pierce.

Ballet Theatre Filming Virtual ‘Nutcracker’ Performance

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For years, the annual “Nutcracker, Clara’s Dream” was a winter holiday staple put on by the Santa Cruz Ballet Theatre (SCBT). They typically stage their take on Tchaikovsky’s ballet at the Santa Cruz Civic, Cabrillo College’s Crocker Theatre and the Mello Center in Watsonville. This year, something new is in the air.

The ongoing pandemic has shaken things up this season, but the show is still in the works, according to Artistic Director Diane Cypher. She said an alumni-driven film is being brewed up to replace the stage version and will be aired on the TV screen and possibly at an area theater.

“Covid has been difficult, as we all know,” Cypher said. “We thought that the film would be a way of giving back to local sponsors and as a good project to keep our dancers motivated.” 

Featuring 44 dancers and four “character artists,” the choreography by alumna Flora Chatwin tells the story of “Clara’s Dream.” This year, various scenes have been filmed on locations around Santa Cruz featuring SCBT, including longtime sponsors of SCBT and local landmarks such as the Santa Cruz Beach Boardwalk and the Mark Abbott Memorial Lighthouse.

The film will be directed by alumna Georgina Wilson. A third alumna, Alicia Houser, rounds out the creative team with directing rehearsals, filming rehearsals, helping direct the dancers on set, scouting locations, photography and more. 

“SCBT is lucky to have such a dream team working on our holiday offering this season,” SCBT organizers said. “

Wilson, a graduate from the University of Texas at Austin with a BFA in dance, embarked on a freelance career which took her to the U.K. After relocating to California, Wilson contacted SCBT when Covid-19 hit and mentioned she was interested in filmmaking. Her interest sparked the idea for the “Nutcracker” film. 

Jace Hardwick started his own production company in the LA area and his Action Studios crew will provide the cinematography. Filmography will include drone footage at West Cliff Drive and a local Christmas tree farm. 

Music Director Pamela Martin conducts the score, which was recorded at last year’s performance at the Civic Auditorium by Devi Pride. Composer and audio expert Jerome Begin arranged and “cleaned up” the recording from last year at the Civic and made the sound track suitable for the movie.

“Our 2019 orchestra was phenomenal and we are thrilled that the score of our film is played by these wonderful musicians,” Cypher said. “Many of them have also volunteered to be featured visually in the movie, adding an extra layer of artistry to the product. Be ready for something different than our normal production, in almost every way.”

“We all need something fun right now, and we thought that a family could stream this into their living room and be entertained with something joyful for 40 minutes,” Cypher added.

For more information on “Nutcracker, Clara’s Dream” visit: scbt.org/season-and-tickets/tickets.

New Environmental Report Out on Highway 1 Widening, Bus Lanes

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Santa Cruz County transportation planners have released a new environmental report detailing the impacts of a partial widening of Highway 1.

The new draft environmental impact report (EIR) studies the impact of extending the congested highway’s width from the Capitola/Soquel area to Aptos. The Santa Cruz County Regional Transportation Commission (RTC) already finalized the high-level EIR for the entire project, as well as a detailed analysis of widening from Soquel Avenue to 41st Avenue, in January 2019. 

The latest EIR, released Thursday, covers the final legs of the proposed project from Bay Avenue and Porter Street area to State Park Drive. A public comment period is now open.

The RTC’s plan is to build new merge lanes, or auxiliary lanes, very much like the ones between Morrissey Boulevard and Soquel Avenue that opened in 2013.

Auxiliary lanes are a get-what-you-pay-for version of highway widening. These aren’t through-lanes that allow people to cruise through for miles on end. Instead, they run from each onramp to the subsequent offramp. Building axillary lanes doesn’t increase a highway’s road capacity in the same way that building actual carpool lanes—or high-occupancy vehicles (HOV) lanes—would. Auxiliary lanes also don’t incentivize ridesharing. If all someone cares about is getting places faster by car, these are both downsides. The upside is that auxiliary lanes are far cheaper to build than full-blown highway widening. 

That may be why a transportation sales tax measure built mostly around a plan to build new HOV lanes failed disastrously at the polls in 2004. 

So in 2016, the RTC crafted a cheaper sales tax measure, Measure D. In the reboot, transportation stakeholders took a different tack. Only one quarter of the money—the second-biggest slice in the measure—would go toward new auxiliary lanes. Measure D then passed, with voter support coming in 24% higher than it did in the 2004 version. That gave the auxiliary lanes the funds to move forward, and the RTC is proceeding accordingly. (The RTC is still signaling an intention to build HOV lanes, but that would be after 2035, and it has no idea at this point how to pay for them.)

Simultaneously, RTC staff is studying a concept called bus-on-shoulder, which is what it sounds like. The plan would allow buses to drive down the shoulder on the edges of the highway.

One issue, though, is that, when engineers also put in an auxiliary lane, that doesn’t leave a whole lot of room for buses trying to avoid heavy traffic flows. It’s something environmental activist Rick Longinotti has been thinking about.

“They’re calling it bus-on-shoulder, which is to me a sleight of hand,” says Longinotti, a leader of the Campaign of Sustainable Transportation, which has opposed various highway widening proposals over the years. In general, Longinotti is optimistic about the potential for bus-on-shoulder, depending on how it’s done. He has started reading through the new draft EIR and will be submitting comments.

The RTC’s current bus-on-shoulder plans call for buses to drive down the auxiliary lanes, which are mostly meant for cars merging onto and off of the highway, and they can get quite congested in their own right. There are also stretches between certain offramps and onramps, which will be for buses only, but those sections are rather short, typically less than 100 yards long.

Although he acknowledges that it may not be exactly what voters approved, Longinotti thinks the RTC should use the auxiliary lanes for buses only. He also wrote the California Transportation Commission Tuesday asking its members to deny grant requests to the RTC for auxiliary lanes as they are currently planned.

In addition to auxiliary lanes, the new EIR covers the impacts of bus-on-shoulder and a proposed Mar Vista Bicycle/Pedestrian Overcrossing. That bridge, which Mar Vista Elementary School families first requested some 18 years ago, should begin construction in 2023, according to an informational video released in September.

The public comment period on the latest EIR runs through Jan. 11 at 5pm. 

There will be a virtual public hearing Tuesday, Dec. 8, from 5-6:30pm. Attendees should register ahead of time at bitly.com/Highway1-SC (URL is case sensitive).

As Broad Shutdowns Return, Weary Californians Ask ‘Is This the Best We Can Do?’

By Anna Maria Barry-Jester and Jenny Gold

For Tom Davis, being told by the state this week that he must close his Pacific Edge Climbing Gym for the third time in six months is beyond frustrating.

The first time the rock-climbing gym and fitness center shut down, co-owners Davis and Diane Russell took out a government loan to pay employees. The second time, they were forced to lay everyone off — themselves included. Now, as they face another surge of COVID cases across California, he fears he may lose the business for good.

California’s ping-ponging approach to managing the virus — twice reopening large portions of the service-sector economy only to shut them again — doesn’t seem just or reasonable, Davis said. As of Tuesday evening, he was planning to defy the order, keeping the gym open but with additional restrictions on capacity.

“The government is essentially saying, ‘We’re just picking you to personally go bankrupt and all the people who work with you,’” said Davis. “Nobody can afford to live in Santa Cruz on unemployment.”

It’s a grim time in the pandemic. California has surpassed 1 million cases of COVID-19 and 94% of Californians — more than 37.7 million people — live in a county considered to have “widespread” infection. Santa Cruz is one of 41 California counties now under the most restrictive orders in the state’s four-tiered COVID blueprint for determining which businesses can stay open amid the pandemic, and under what proscriptions.

Until Monday, Santa Cruz was in the red tier — the second-most restrictive — meaning Pacific Edge could be open at 10% capacity. Now, its owners are being told to close entirely.

For business owners and workers, a backward slide on the blueprint represents yet another financial setback in a bleak year, leaving some residents angry, exasperated and wondering if this is really the best the state can do.

It’s a question reverberating nationwide as every state experiences a deadly rise in COVID cases and a growing number of hospitals say they are simply out of beds. Among states, California is performing relatively well, ranking 40th in cases per capita and 33rd in deaths, according to a New York Times tracker.

But even here, the virus is too pervasive in its spread — and the public health infrastructure too enfeebled — to make the reopening of businesses and schools an easy proposition. Some experts say that during a pandemic, when the virus is everywhere, the push and pull California businesses are enduring may be what success looks like in much of the U.S. for months to come.

“The yo-yo nature of this is a feature of the pandemic,” said Dr. Ashish Jha, dean of the School of Public Health at Brown University. “And in fact, when I look at really successful countries like South Korea, Taiwan and New Zealand, they all have a yo-yo feeling to them.”

Experts say a crucial factor in being able to reopen safely is getting cases low enough that time-tested public health tools like quarantines and contact tracing can work. Most U.S. hot spots, including broad swaths of California, have never achieved those low levels.

In California, Gov. Gavin Newsom, like many other governors, is trying to thread the needle, to keep cases to a minimum while also allowing many businesses to remain open. It’s a sensitive equation, said Dr. Aimee Sisson, public health officer for Yolo County.

“It’s really hard to dial in the balances of getting our economy going again, which is important for public health, and maintaining our health, which is important for the economy.”

And while California is doing better than many other states, said Cameron Kaiser, the health officer for Riverside County, it’s certainly not cause for celebration. “At this point we’re clearly doing better, but our trends are not good either. When you’re talking about the relative impact of different tragedies, I’m not sure you’d call that a success.”

Even as it frustrates some residents, California’s tiered reopening system has won praise nationally. The system draws on three COVID metrics to guide restrictions: new cases per population; the share of people tested for the coronavirus who are positive; and, in larger counties, an equity measure to ensure cases are low across the county, including in high-risk communities. Under revised guidelines released this week, county tier assignments can change from week to week — and more than once a week if data indicates a county is losing ground.

“We think it’s a best practice nationally and globally,” said Dr. Tom Frieden, a former director of the Centers for Disease Control and Prevention. “This is not about closure — this is about adjusting what is open when.”

Still, the state blueprint isn’t perfect, health officers say. In its early stages, there were inconsistencies around which businesses could stay open. For example, nail salons were treated differently from hair salons, though the exposure conditions are fairly similar. The state has taken feedback, said Sisson, and tried to make improvements.

And perhaps the biggest weakness is how little data exists to determine which businesses present the greatest risks for exposure and transmission, said Sisson and other health officers. While restaurants and bars are broadly considered high-risk because people remove their masks while eating and drinking, not much is known about viral spread at places like gyms and movie theaters, where it’s possible to reduce occupancy and wear masks.

That’s part of what frustrates Davis in Santa Cruz. Pacific Edge has reduced occupancy to just 30 people in the sprawling old factory building and instituted a range of protective measures. “Compare that to Costco. I honestly believe we are just as safe if not safer than other businesses,” Davis said.

Measuring California’s success in navigating the pandemic depends on what your goal is, said Marm Kilpatrick, an infectious disease researcher at the University of California-Santa Cruz who has been advising local government and businesses, including Pacific Edge, on reopening. The state has prioritized both keeping businesses open and keeping cases down, which means neither can be done perfectly.

Still, he’s not sure the whiplash of openings and closings is the best the state can do. He worries the tiered system may inadvertently send the wrong signals: Again and again, public health officials have watched in dismay as residents whose counties move into less-restrictive tiers revert to socializing in large groups and shedding basic safety protocols like masks and social distancing — followed by a dangerous upsurge in infections and hospitalizations.

Dr. Mark Ghaly, the state’s Health and Human Services secretary, has acknowledged as much, stressing that cases are linked to both social gatherings and businesses. Ultimately, he said on Monday, the state is taking a “dual approach” that includes changes to business practices, and asking individuals to be disciplined in wearing masks outside the home, regularly sanitizing hands, staying 6 feet apart, and socializing outdoors and in small gatherings.

Meanwhile, the holiday season looms. The most recent spike in cases directly correlates to Halloween, several health officers said, just as previous spikes were linked to Memorial Day, the Fourth of July and Labor Day. With Thanksgiving, Christmas and New Year’s on the horizon, officials wonder whether they might have to recommend a farther-reaching stay-at-home order to keep cases under control.

“I’m very worried about Thanksgiving,” said Dr. Chris Farnitano, health officer for Contra Costa County. “The tradition of so many families is to get together with their extended families, and that means gatherings with groups of people, and that’s where the virus wants to spread.”

In addition, Farnitano said, given the realities of commerce and travel, what happens in other states affects California. “Having other states with the same restrictions would help California,” he said.

What’s really needed, several public health officials said, is a coordinated national message and strategy.

“I’m hoping we’re gonna have the new president come in and take the reins very firmly,” said Steffanie Strathdee, associate dean of global health at UC-San Diego. “He has the right people around him advising him. But, by then, winter will be half over and we’re going to be facing 400,000 deaths. Digging ourselves out of that mess is going to take awhile.”

This story was produced by KHN, which publishes California Healthline, an editorially independent service of the California Health Care Foundation.

KHN (Kaiser Health News) is a nonprofit news service covering health issues. It is an editorially independent program of KFF (Kaiser Family Foundation), which is not affiliated with Kaiser Permanente.

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