FIRE UPDATE: 37,000 Acres Burned So Far; Clear Skies Allow For Air Support, But Also Encourage Fire Activity
LoCO Staff / Wednesday, Aug. 31, 2022 @ 9:15 a.m. / Emergencies
Members of the California Conservation Corps work together to unload a truck full of hose at the Six Rivers Lightening Complex Incident. The CCC crews play a vital role in keeping the incident running. Photo/caption: CAIIMT14, via Inciweb.
Press release from the unified command of the Six Rivers Lightning Fires:
The Six Rivers Lightning Complex remains in unified command with California Interagency Incident Management Team 14, California Highway Patrol, Trinity County Sheriff, and Humboldt County Sheriff. The Six Rivers Lightning Complex is currently 36,944 acres with 54% containment and 1,890 personnel assigned to the incident.
CURRENT SITUATION
The weather experienced Tuesday was just as forecasted and the dry, hot weather trend meant clear sunny skies over the Campbell and Ammon fires. This change from the humid and smoky air allowed aircraft to support ground operations, but it also increased fire activity.
The increased fire activity began Monday night with a spot fire near Zeigler Point, on the Campbell Fire. Throughout the night firefighters worked to contain the spot and by Tuesday morning these operations became the priority on the two fires. As firefighters fought to build containment line around the spot fire, a structure protection task force was deployed to the communities of Trinity Village and Hawkins Bar. The task force familiarized themselves with the area, tested water pumps, and cleared around properties to ensure the community was prepared should the fire front push their direction. Elsewhere on the Campbell Fire, firefighters made great progress by completing the Tish Tang Ridge contingency, while defensive firing operations continued around Lone Pine Ridge, Horse Linto Campground, and Groves Prairie Rd.
Fire activity was less active on the Ammon Fire, where firefighters continued strengthening containment lines. While the fire activity was not as active as the Campbell Fire, the Ammon Fire is not fully contained and still posses a significant risk from spot fires and roll out. While the strategy of full suppression continues, work has also begun on Ammon Fire suppression repair work.
Overnight, unmanned aerial systems assisted the firefighters and heavy equipment operators on the ground with firing operations and aerial reconnaissance. When conditions were favorable, firing operations continued to establish additional control line.
Wednesday, high temperatures are forecasted and are expected to produce high to extreme fire behavior. The structure defense task force will remain in place and the priority will be to complete control lines above the communities of Trinity Village and Hawkins Bar ahead of the progressing fire spread.
Smoke column from the air yesterday. Photo: Shane Mizer.
Please check this link for air quality resources.
FOREST CLOSURES
Forest order NO. 22-10-06 Six Rivers Lightning Complex is currently in place, which includes river access at Kimtu Park.
To view this closure and map, please visit this link.
ROAD CLOSURES
Due to a large presence of fire personnel and machinery working to build containment lines for the Ammon Fire, residents are asked to limit travel on Titlow Hill Road/Route 1 in zones HUM-E052 and HUM-E062 to essential traffic only. Residents may still use roads to travel out of evacuation order zones:
The following roads into evacuation zones have been closed.
- Forest Route 7n15 at Six Rivers Forest Boundary
The following roads are restricted to local traffic only:
- Horse Linto Creek Road at Saddle Lane (Open to residents only)
State Route 299 remains open to through traffic. Residents are encouraged to visit the Caltrans Quickmap to check for state highway closures.
EVACUATION UPDATES=
For the latest evacuation information go to Humboldt County Office of Emergency Services or Trinity County Office of Emergency Services. For an interactive map of evacuation zones visit Zonehaven Aware. To sign up for alerts this link.
·An EVACUATION ORDER has been issued for ZONE HWK480.
·An EVACUATION WARNING has been issued for Zone HWK481.
·An EVACUATION ORDER for zone HUM-E061-A has been downgraded to an EVACUATION WARNING.
EVACUATION ORDERS remain in effect for zones: HUM-E058 and HUM-E061-A.
EVACUATION WARNINGS remain in effect for zone: HWK483, HWK482, HUM-E032, 483 - Fisher Road and all residences off of Fisher Road, Trinity Village, Wallen Ranch Road.
Zone 482 - Suzy Q Road and all roads off of Suzy Q Road
Zone 480 - Ziegler Point Road / Forest Service Road 7N04
An EVACUATION WARNING remains in effect for Campbell Ridge Road from Salyer Heights to Seeley McIntosh Road. Salyer area, including Galaxy Road, and the area of Ziegler Point Road/Forest Service Road 7N04 have been reduced to an Evacuation Warning.
LARGE ANIMAL EVACUATION CENTER
Hoopa Rodeo Grounds
1767 Pine Creek Rd., Hoopa, CA 95546
Phone: (707)
BOOKED
Yesterday: 15 felonies, 14 misdemeanors, 0 infractions
JUDGED
Humboldt County Superior Court Calendar: Today
CHP REPORTS
No current incidents
ELSEWHERE
Mad River Union: Burke, Schwartz talk infrastructure, more
Mad River Union: Biker boldly doffs jacket, flees after near-cinematic crash by Minor Theatre
Mad River Union: CAF offering ‘For the Love of Animals’ summer program for kids, teens
Mad River Union: Supervisors deny Life Plan Humboldt appeal
‘A Perfect Storm of Bad’: Report Finds Incarceration Rates Highest Among Rural Californians
Nigel Duara / Wednesday, Aug. 31, 2022 @ 8:32 a.m. / Sacramento
Kern County (pictured here), along with the neighboring counties of Tulare and Kings, have among the state’s highest rates of incarceration of their residents. Now state prison inmates will be counted as residents of their home counties, not the places they are incarcerated. Photo by Larry Valenzuela for CalMatters
Shasta County in rural northern California has some of the state’s highest incarceration rates. Ask Robert Bowman what’s going on, and he takes a long, deep sigh.
“It’s a perfect storm of bad,” he said.
Bowman, director of the county’s program that helps formerly incarcerated people transition back to life outside, identifies three main drivers of crime in Shasta County: high housing costs, untreated mental illness and drug trafficking.
Those are some of the same factors blamed for crime in other California counties that rank among the highest for incarcerated people, according to a report released this morning by the Prison Policy Initiative, a nonprofit that seeks to end mass incarceration.
The report takes newly available data from California prisons to show where inmates come from – not just their home counties, but their neighborhoods. The group’s stated intent is to show lawmakers where they can better direct public dollars.
The neighborhoods where incarcerated people come from often have a higher percentage of Black and Latino residents than the state average, according to the report, while the counties that host the prisons are predominantly white.
The effect has been “the siphoning of political power from disproportionately Black and Latino communities to pad out the mostly rural and often predominantly white regions where prisons are located,” the study found.
Unsurprisingly, the most populous counties send the most people to state prison. Los Angeles County had the most people incarcerated, followed by Riverside and San Diego counties.
But in some counties, though they have fewer total people in state prisons, the rate of incarceration is much higher than the statewide average of 310 per 100,000 people.
Tiny Kings County in the San Joaquin Valley has the state’s highest incarceration rate at 666 per 100,000, the study found.
Shasta County ranked second among counties that send people to prison, with 663 county residents incarcerated per 100,000 people. The county of fewer than 200,000 is framed by mountains to its north, west and east. People move there for cheap land and open spaces, or burrow further into its hills to escape creeping modernity, Bowman said.
“And then we have those who have moved up here for political reasons and I’ll just leave it at that,” Bowman said with a laugh.
In one Shasta County Census tract that encompasses most of the city of Redding, more than one in every 100 people is in a state prison.
Disparities also persist in cities like Los Angeles, where the neighborhoods of Watts and Crenshaw have more than five times the incarceration rate of Bel-Air and Brentwood, according to the study’s calculations.
“There’s fewer Beverly Hills in our community,” Bowman said.
But many of the same issues that crop up in Los Angeles and San Francisco are true in far northern California: homelessness, untreated mental illness and a resistance among locals to new construction or low-income housing.
Bowman points to a proposed micro shelter at a Lutheran church in Redding that would serve as transitional housing for up to five people. Neighbors hung a sign on a chain link fence: “Tiny Houses = Big Problems.” The shelter is expected to open this fall.
“If you have billions of dollars to spend, but yet your community is overwhelmingly ‘not in my backyard,’ then you can get nothing done,” Bowman said.
The Prison Policy Initiative report is based on numbers provided by the state of California which, for the first time in its 2020 Census, counted prison inmates in their home districts instead of the cities and counties where they’re incarcerated.
The idea was to end what opponents called “prison gerrymandering,” which counted prison inmates as residents of their prison’s county. California ended that practice in 2011 with AB 420, signed by former Gov. Jerry Brown, but the law did not take effect until 2020. Ten other states have taken similar steps.
“It’s a perfect storm of bad.”
— Robert Bowman, Shasta County STEP-UP program
This year’s redistricting maps were the first to count incarcerated people in their home districts. The process to final approval by a state independent commission was fraught and messy, but has so far survived without a legal challenge.
“Our hope is really that policymakers and service providers will use this data to kind of direct some of their thinking on how they make choices about the people that they serve,” said Prison Policy Initiative spokesman Mike Wessler.
“For lawmakers, we hope that they’ll take a look at how many people in their own communities are lost to incarceration every single day.”
The Prison Policy Initiative study was taken from a snapshot of the 122,000 people in state prisons on April 1, 2020. It doesn’t count people in federal prison or immigration detention, nor does it count those who were identified in court proceedings as homeless.
Among cities with at least 20,000 people, Compton in Los Angeles County had the highest rate of incarceration, with 979 people incarcerated per 100,000 residents. It also has a higher Black and Latino population than the state average, which the report’s authors say mirrors a national trend.
“This suggests that policing, arrests and incarceration are disproportionately concentrated in a handful of Black communities across the county, such as Compton with its large Black population,” wrote the report’s authors, Emily Widra and Felicia Gomez.
One Census tract in Kern County stands out. Just east of downtown Bakersfield, the one-square-mile tract had 2,944 residents and 74 people in state prisons, or more than two out of every 100 people.
“Our hope is really that policymakers and service providers will use this data to (decide) … how they make choices about the people that they serve.”
— Mike Wessler, Prison Policy Initiative
Kern County also leads the state in homicide rate, a statistic the county’s residents and law enforcement struggle to explain. For the sixth consecutive year, the county led the state with a homicide rate of 13.7 homicides per 100,000 people. The statewide average is six homicides per 100,000.
“Some of the smaller rural counties often are overlooked but actually have some of the highest incarceration rates in the entire state,” Wessler said. “A lot of these rural areas are also facing significant economic challenges.”
You don’t have to remind Bowman of the Shasta County STEP-UP program for recently released inmates. First, in 2018, the Carr Fire displaced thousands of people in an area that was already struggling to control housing costs. Then, in the pandemic, wealthier residents of the Bay Area and Sacramento Valley started moving north, pushing up rents and home values. People already on the economic fringe were pushed to its edge.
“Because now, landlords could charge whatever they want and there’s no reason for them to open up their homes,” to affordable housing programs, Bowman said. “They can get someone who is displaced while their home’s being rebuilt (and) they can get a higher rent from that individual or family. So that’s a huge issue.”
He is, however, ultimately optimistic.
“I think that there are a lot of good people that are trying to do the very best they can,” Bowman said. “It just takes time for the numbers to come down.”
###
CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.
Newsom’s Call Now: Tracking California Bills Passed in the 2022 Legislative Session
CalMatters staff / Wednesday, Aug. 31, 2022 @ 8:20 a.m. / Sacramento
The state Capitol in Sacramento on July 6, 2022. Photo by Rahul Lal, CalMatters.
After eight months, California’s legislative session is coming to a close this week with a final flurry of frantic activity. Lawmakers are rushing to pass hundreds of remaining bills before the clock strikes midnight Wednesday, when they must gavel down for the year.
Contentious fights are playing out over vaccination rights for teenagers, online privacy protections, union elections for farmworkers and a package of climate legislation sought by Gov. Gavin Newsom. Other high-profile measures aim to establish California as a progressive leader on hot-button national issues such as abortion access, concealed carry permits for handguns and transgender health care for minors. These votes are taking place as campaigns ramp up for 100 of the 120 seats in the Legislature.
For those proposals that make it through the gantlet, a final decision awaits on the governor’s desk. Newsom has until the end of September to either sign or veto the bills — and his choices will likely be more closely watched than ever this year as speculation builds about whether he is positioning himself to run for president.
Among the interesting and consequential bills that CalMatters is tracking:
Boosting paid family leave
By Jeanne Kuang
WHAT THE BILL WOULD DO
SB 951 by Los Angeles Democratic Sen. Maria Elena Duraz increases payments to workers from the state’s disability and paid family leave programs. Starting in 2025, workers who earn less than about $27,000 a year would be paid 90% of their regular wages, an increase from the current 70%. Other workers also would get a boost, receiving 70% instead of 60% of their wages. The bill would offset some of these costs by removing a cap on workers’ contributions to the program, which currently shields earnings above $145,600.
WHO SUPPORTS IT
Groups supporting workers’ rights, child and maternal health, gender equity, retirees, and benefits for low-income Californians are pushing for the bill.
WHO’S OPPOSED
No one officially. Last year, Newsom vetoed a similar bill over the costs, but his administration’s been silent on this year’s version. The Department of Finance in August declined to take a position.
WHY IT MATTERS
Supporters say few low-income workers can afford the 30% to 40% pay cut to take time off for a disability or to care for a new child or sick family member. From 2017 to 2019, leave claims by workers making less than $20,000 a year declined while they rose for all other workers — increasing the most for those making $100,000 and above, according to the Employment Development Department. And under current law, lower-earning workers contribute a greater share of their paychecks to the program than higher earners because of the cap on taxing incomes above $145,600. More immediately, without this bill the current amount of benefits is set to expire and would return to 55% of a worker’s wages in January.
Regulating fast food workers’ wages
Fast-food workers protest outside of a Jack in the Box restaurant in Sacramento on April 28, 2022. Photo by Alejandro Lazo, CalMatters
By Jeanne Kuang
WHAT THE BILL WOULD DO
AB 257 creates a state-run council to set labor standards across the fast food sector, including on wages, safety and other workplace conditions. The council would consist of fast food workers, their advocates, restaurant owners, fast food corporations and the state’s labor and business departments. Assemblymember Chris Holden, a Pasadena Democrat, carried the bill.
WHO SUPPORTS IT
The Service Employees International Union and its Fight for $15 campaign for low-wage workers, the California Labor Federation and other unions backed the bill.
WHO’S OPPOSED
A swath of business and restaurant groups representing individual franchise owners and corporate chains, including a number of minority chambers of commerce, opposed it.
WHY IT MATTERS
The bill is a first-in-the-nation attempt by a state to regulate a broad range of working conditions across an industry that this year employed roughly 700,000 Californians. It’s also labor’s foothold toward bargaining power for a low-wage workforce that has been difficult to unionize because of widespread franchise ownership. Business groups say California’s labor laws already are onerous, and new regulations would raise costs at a time of record inflation and threaten a business model that has allowed many minority entrepreneurs to advance.
Build housing on strip malls: Two ways
Abandoned businesses at a Fresno strip mall on Aug. 25, 2022. Photo by Larry Valenzuela, CalMatters/CatchLight Local
WHAT THE TWO BILLS WOULD DO
AB 2011, by Democratic Assemblymember Buffy Wicks of Oakland, would fast-track housing development along the ubiquitous strip malls that flank California’s roads. In order to skip lengthy and costly local review processes, including the much-dreaded California Environmental Quality Act, or CEQA, developers would pay their workers union-level wages and in bigger projects, offer apprenticeships and health benefits, and cap at least a portion of rents. Apartments would have to be either 100% affordable or mixed-use, meaning market-rate but affordable to at least 15% of lower income earners, or 8% of very low income and 5% of extremely low income earners.SB 6, by Democratic Sen. Anna Caballero of Salinas, would bypass the first step in permitting housing on commercial real estate while allowing other opportunities for local input, like CEQA. It applies to a much wider swath of land and doesn’t cap rents, but developers must use at least some union labor on every project. If at least two union shops don’t bid on the project, union-level wages kick in.
WHO SUPPORTS THEM
The Building and Construction Trades, an umbrella union of nearly a million workers, and the bigger Labor Federation behind them, support SB 6, while the state carpenters union and affordable housing developers backed AB 2011. The bigger unions dropped their lethal opposition to AB 2011 once the Assembly and Senate struck a deal that let both bills through. Pro-housing Yes in My Backyard activists, or YIMBYs, who have been trying to increase density through similar measures for years, are among the proposal’s loudest cheerleaders.
WHO’S OPPOSED
Dozens of cities and local control advocates say the bills take away critical neighborhood input to development decisions and worry local governments may lose tax revenue from commercial properties. The Assembly bill, which razes more neighborhood forums, has a longer list of opponents. Equity groups who originally pushed for higher affordability requirements in both bills had to settle for less, while developers worry the labor and affordability standards will be too high to meet.
WHY IT MATTERS
California needs 2.5 million more homes by 2030 and almost no one wants them in their backyard. These bills would unlock a glut of empty stores, offices and parking lots for as many as 1.6 million housing units — market conditions permitting — without contributing to urban sprawl. The labor truce also matters: Following years of heated debate and dead bills, unions put their differences aside, at least for this year.
Kids’ privacy online
By Grace Gedye
WHAT THE BILL WOULD DO
If AB 2273 is signed into law, businesses that provide online services or products likely to be accessed by kids under 18 would have to provide greater privacy protections by default starting in 2024. For example, the bill would generally prohibit companies from collecting, selling, sharing, or keeping kids’ personal information other than to provide the service that the kid is actively interacting with. It was co-introduced by a bipartisan group of Assemblymembers: Democrats Buffy Wicks from Oakland and Cottie Petrie-Norris from Costa Mesa and Republican Jordan Cunningham from San Luis Obispo. The state attorney general could bring civil lawsuits to enforce the measure.
WHO SUPPORTS IT
A long list of consumer, tech, and children advocacy groups who argue technology is harming kids, and say a similar law has already spurred positive changes in the United Kingdom. The bill was sponsored by Common Sense media, a non-profit that reviews entertainment and technology for families and schools, and 5Rights Foundation, a UK non-profit whose founder led the charge on a similar law now in place in the UK. It’s also backed by California Attorney General Rob Bonta and the former head of monetization at Facebook.
WHO IS OPPOSED
Trade groups for businesses and tech companies, including California Chamber of Commerce, and TechNet, which counts among its members Google, Airbnb, Meta (formerly known as Facebook), Snap, and other major tech companies. They say the bill is overly broad, and that setting privacy regulations state-by-state could create confusion for businesses.
WHY IT MATTERS
It would be a first-in-the-nation law requiring broad privacy protections online for children under 18, and would represent yet another step California has taken to lead privacy regulation.
Interim goals for 100% clean energy
By Nadia Lopez
WHAT THE BILL WOULD DO
SB 1020, authored by state Sen. John Laird, a Democrat from Santa Cruz, sets interim targets for generating clean energy. The current law already requires 100% of retail electricity to be fueled by renewables such as wind and solar by 2045. This change requires 90% by 2035 and 95% by 2040. In addition, all state agencies must source their energy from 100% renewable sources by 2035, ten years sooner than the current law requires.
WHO SUPPORTS IT
Gov. Gavin Newsom, environmental justice groups and The Utility Reform Network, a consumer advocacy group. Newsom has made this one of his top climate priorities this legislative session.
WHO’S OPPOSED
The Western Electrical Contractors Association, a trade group, raised concern that the measure could increase energy costs, reduce competition in the energy market and “discriminate against otherwise qualified contractors.” State Sen. Brian Dahle, a Republican who is running against Newsom for governor, said the bill would set an arbitrary goal that could drive up rates and contribute to the state’s high cost of living.
WHY IT MATTERS
California’s fight against climate change requires a massive shift away from fossil fuels. The bill sets phased-in targets to assist the state’s transition to 100% renewable energy. Accelerating greenhouse gas cuts is essential to meeting the state’s goal of carbon neutrality by 2045.
Disciplinary action for COVID disinformation
WHAT THE BILL WOULD DO
AB 2098 would make it easier for the Medical Board of California to punish doctors who deliberately spread false information about COVID-19, vaccines and treatments. The bill, authored by Cupertino Democrat Evan Low, would classify disinformation as “unprofessional conduct,” allowing the board to take action. Discipline could include a public reprimand, probation, suspension, or license revocation.
WHO SUPPORTS IT
The bill is supported by doctor groups including the California Medical Association, the California chapters of the American Academy of Pediatrics and the American College of Emergency Physicians. The groups argue that COVID disinformation is dangerous and undermines public health efforts.
WHO’S OPPOSED
Some individual doctors and groups like A Voice for Choice Advocacy argue that the bill infringes on doctors’ free speech and that physicians should be allowed to share their professional opinions without fear of repercussions.
WHY IT MATTERS
The COVID-19 pandemic is ongoing and the virus has killed more than 94,000 people in California. COVID disinformation has been linked to vaccine hesitancy and in some cases has popularized unproven treatments. Since early in the pandemic, California has dealt with its share of doctors who have made false claims about the virus. Disinformation can have serious consequences. For example, last year the nations’ poison control centers saw a spike in calls after people reported taking ivermectin, an anti-parasite drug for animals, to cure COVID-19 after being persuaded by false information shared by influential people on the internet.
Clearing criminal records
By Ariel Gans
WHAT THE BILL WOULD DO
SB 731 would, as of July 1, expand criminal record relief for all felonies, not just jailable felonies, if an individual is no longer serving a probationary sentence, not currently involved in another case, and two years have elapsed. It would exclude crimes requiring the offender to register as a sex offender. Criminal records must be disclosed to school districts, which can use those records for deciding teacher credentialing or employment.
WHO SUPPORTS IT
A long list of criminal justice reform and rehabilitation organizations are supporting the bill, including Californians for Safety and Justice, who sponsored it. Supporters say that criminal records are serious barriers to the successful reentry of formerly incarcerated individuals to society. These barriers appear when, for example, individuals look for housing, pursue careers in education or healthcare, want to coach a sports team, adopt a child or care for their grandparent. Supporters say poor and Black and Latino residents are disproportionately affected.
WHO’S OPPOSED
Law enforcement and medical groups make up the majority of the bill’s opponents, including the Peace Officers Research Association of California. It argues that dismissing records for violent criminals will reduce deterrents for repeat offenders and jeopardize public safety. The group says it would have supported the bill if it excluded violent criminals.
WHY IT MATTERS
Nearly one in three adults in California have a past arrest or conviction on their record, according to the Brennan Center for Justice. While many cases are never prosecuted, these incidents remain on an individual’s record until they are 100 years old in California. These records, when they appear in background checks, can block access to employment and housing, which are primary factors driving recidivism, costing California $20 billion annually.
Nursing home licensing reform
WHAT THE BILL WOULD DO
AB 1502 would close certain loopholes preventing people from purchasing nursing homes before they have licenses to run them. The bill followed a series of CalMatters’ stories exposing the problems caused by these loopholes, which have allowed owners to operate homes while license applications are in yearslong pending status, or even when the licenses have been outright denied. The bill, carried by Democratic Assemblymembers Al Muratsuchi of Torrance and Jim Wood of Santa Rosa, would also institute time limits to prevent such delays.
WHO SUPPORTS IT
Several advocacy organizations for nursing home residents, including the California Association of Long Term Care Medicine, support this bill. The California Department of Public Health was involved in drafting more recent versions of the bill.
WHO’S OPPOSED
The bill’s original sponsor, California Advocates for Nursing Home Reform, yanked its support for the bill after it was amended earlier in the year and has since voiced strong opposition. The group contends that it has been gutted and now serves as a lifeline to problematic nursing home owners.
WHY IT MATTERS
Some 10,000 California nursing home residents died during the pandemic. Advocates on both sides of the bill have for years called for reform of the licensing system. They want to see better state oversight of who owns and operates nursing homes in the state.
Introducing rap lyrics at trial
By Nigel Duara
WHAT THE BILL WOULD DO
AB 2799 would require prosecutors who want to use “creative expressions” as evidence of a crime to hold a pretrial hearing away from the jury to prove that rap lyrics or other artistic expression are relevant to the case. The bill by Democratic Assemblymember Reggie Jones-Sawyer of Los Angeles would require judges to balance the value of the evidence with the “undue prejudice” and racial bias possible when that evidence is presented to a jury.
WHO SUPPORTS IT
The bill has enjoyed broad support as it sailed unopposed through both houses. The California Attorneys for Criminal Justice cited the 2019 book “Rap on Trial: Race, Lyrics, and Guilt in America,” which they say proves that prosecutors use rap lyrics and other forms of expression to imply a defendant’s guilt, They contend such usage plays on a jury’s racial bias and a belief that what someone said in a song is also a true accounting of the crime with which they’re charged.
WHO’S OPPOSED
There’s no official opposition to the bill, though the original version from Jones-Sawyer only called for a judge to instruct the jury to treat artistic expressions with “caution and close scrutiny.” A revised version from the Senate calls for an entirely separate hearing, away from the jury.
WHY IT MATTERS
This bill is about rap lyrics and the book “Rap on Trial.” In one study mentioned in the book and by California Attorneys for Criminal Justice, two groups of people were read identical lyrics. One group was told they were from a country song, the other was told they were from rap. Participants rated the lyrics they were told was rap as more offensive and more likely to be true to life. In 2021, a Contra Costa man was convicted of murder after an expert prosecution witness testified that the man’s repeating of rap lyrics from popular songs was a confession to his own alleged crimes. He was sentenced to life in prison.
Easier farmworker unionization
By Jeanne Kuang
WHAT THE BILL WOULD DO
AB 2183 would allow farmworkers to vote in union elections by mail, rather than the current system that requires in-person elections, which usually take place on a farm owner’s property. Assemblymember Mark Stone, a Santa Cruz Democrat, carried the bill. It gives agricultural employers two options for union drives: They could select a “labor peace” process in which they pledge to remain neutral during a union election, during which farmworkers could choose to receive and submit ballots by mail from the Agricultural Labor Relations Board; or if growers do not agree to neutrality, workers could unionize via a “card check” process in which growers must recognize the union if a majority of workers sign cards expressing interest.
WHO SUPPORTS IT
The United Farm Workers and other labor groups say the bill protects agricultural workers from interference and intimidation when voting in union elections. More than half of California’s farmworkers are undocumented, and they often live on their employers’ land. The UFW says under the current, more rigid voting system, growers hearing of unionization efforts have called immigration authorities on organizing workers.
WHO’S OPPOSED
Business groups, including the Western Growers Association, said the proposal opens the door for unions to request ballots for workers, influence their votes and “force” unionization. Newsom says he’s opposed, though the bill has been amended to include provisions he supports after he vetoed a similar bill last year.
His main sticking point: that the bill allows workers to request union ballots before growers are notified there will be an election.
WHY IT MATTERS
The bill is an effort to ease the path toward collective bargaining – and potentially higher wages – for the 400,000-member California agricultural workforce. Union representation among California’s farmworkers has dwindled to statistically zero, UC Merced researchers found, and a U.S. Supreme Court decision last year effectively kicked union organizers off growers’ property.
Student housing versus CEQA
WHAT THE BILL WOULD DO
SB 886 by Sen. Scott Wiener, a Democrat from San Francisco, would excuse public college and university housing from regulations of the California Environmental Quality Act, a 1970s-era law that developers deplore but that environmental groups and some cities champion as a safeguard against pollution. The bill is meant to address the chronic student housing crisis by sparing development from environmental lawsuits that in the past have slowed down dorm construction. Campus projects for student and faculty housing would have to check off a long list of environmental and labor-relations musts to evade CEQA’s, which cities and community groups cite in lawsuits to challenge development. Housing projects would have to be on campus-owned land and not displace affordable housing.
WHO SUPPORTS IT
A vast constellation of student groups, labor unions, business organizations and “YIMBY” activists who support more housing development. They view the bill as vital to protecting much-needed housing development from environmental lawsuits. They argue the bill will lead to more dorm beds faster.
WHO’S OPPOSEDSome environmental justice groups, the city and county where UC Santa Cruz is located, a town adjacent to UC Santa Barbara and three state Democrats who cast the only dissenting votes against the bill. The barrier to more student housing is poor university planning and insufficient funding, the California Environmental Justice Alliance argued.
WHY IT MATTERS
Is CEQA the bogeyman it’s made out to be? Opponents of this bill point to research showing that only 2% of housing development projects face CEQA lawsuits. But the environmental law was catapulted into national prominence when UC Berkeley was almost forced to cut its new class of students by a third until state lawmakers bailed out the campus with another CEQA exemption in March. Backers and foes of this bill say they want the same thing: more student housing. They just don’t agree on how to get there or that this watershed environmental law is the culprit.
Limiting solitary confinement
By Nigel Duara
WHAT THE BILL WOULD DO
Assembly Bill 2632 from Democratic Assemblymember Chris Holden of Pasadena would overhaul how California prisons treat inmates in solitary confinement. They would no longer be held in solitary for longer than 15 consecutive days, or 45 days in a 180-day period. The bill would also prohibit the California Department of Corrections and Rehabilitation from putting certain groups in solitary confinement, including inmates younger than 26 or older than 59, pregnant people or those with mental or physical disabilities.
WHO SUPPORTS IT
Civil liberties groups, immigration advocates and a constellation of criminal justice reform groups, including the California Public Defenders Association. A federal judge has ruled that the Department of Corrections and Rehabilitation has systematically violated the due process rights of inmates, and continues to ignore a 2015 settlement between the state and two Pelican Bay State Prison inmates held in solitary confinement for decades based on their perceived gang affiliations.
WHO’S OPPOSED
The people operating prisons and the Security Housing Units within them. The California Correctional Peace Officers Association wrote in a letter of opposition that forcing violent inmates back into the general prison population will lead to more violence, both to inmates and prison guards. “Inmates who have attempted, or succeeded in, murdering their cellmates would be let right back into the population they pose a risk to.”
WHY IT MATTERS
Solitary confinement is the Wild West of carceral regulations – there aren’t many rules in place, so prisons set many of their own. Horror stories abound from California and elsewhere of people kept for years in solitary confinement, getting perhaps two hours of time outside their cell a day with little contact with the outside world. The bill would also extend its regulations to private California prisons that house federal inmates or immigration detainees.
Fewer remedial courses at community colleges
Students walk through campus at Sacramento City College on Feb. 23, 2022. Photo by Miguel Gutierrez Jr., CalMatters
WHAT THE BILL WOULD DO
Assembly Bill 1705 continues California’s efforts to ensure more community college students enroll in classes required to transfer to a UC or Cal State campus. The bill, by Democratic Assemblymember Jacqui Irwin of Camarillo, would order community colleges to enroll most students in a transfer-level math and English course if their program requires those subjects. It would exempt short-term credentials that have industry-specific math requirements and adult programs that don’t require a math or English course (think: basic office software or fire-resilient landscaping), among other carve-outs.
WHO SUPPORTS IT
Pretty much everyone but faculty. The bill received not a single dissenting vote from lawmakers. Its champions include the Chancellor’s Office of the California Community Colleges system, Lt. Gov. Eleni Kounalakis, various think tanks and a few individual community colleges.
WHO’S OPPOSED
Faculty unions, associations and the academic senate, plus Mt. San Antonio College, who fault it for being too prescriptive. Faculty groups also say the bill comes with no additional funding to hire more tutors who work alongside faculty to help students during class and give faculty more training.
WHY IT MATTERS
Until a few years ago, most community college students had to take remedial math and English. For many, their goal was to eventually transfer, so remedial courses were a key hurdle. Over time research chipped away at that logic: Students with high school grades who enrolled directly into transfer-level math and English courses were likelier to pass the courses in a year than if they took a remedial class first. Following a 2017 change in the law, most students started taking gateway courses to eventually get into a UC or CSU, but still thousands — 20% of first-time students — continue to take these remedial courses. In almost all cases, campuses couldn’t justify their policy of requiring that.
Cell fee to fund 988 crisis hotline
WHAT THE BILL WOULD DO
AB 988 would raise funds to support call centers and mobile crisis teams associated with the new three-digit federal mental health crisis hotline, also 988. The bill would attach a fee to cell phone lines.That fee has been lowered significantly in negotiations with the telecommunications industry, which in turn has dropped its opposition.
WHO SUPPORTS IT
The Steinberg Institute and The Kennedy Forum, co-sponsors of the bill, point to a rise in mental health needs, which has been further aggravated by the pandemic. They say the fee is an important way to make sure the services associated with the hotline are adequately funded.
WHO’S OPPOSED
The California Association of Health Plans is opposing the bill, saying amendments to it have created a broad new mandate on insurers without a chance for stakeholders to weigh in. County mental health directors and the union that represents county mental health employees called for the bill to be amended, saying they want private insurers to pitch in more, and that they fear implementation may be patchy and variable among counties without sufficient funding.
WHY IT MATTERS
In July, the new federal 988 number debuted in California and across the country. The number, billed as an alternative to 911, is intended to make it easier for people experiencing mental health emergencies to tap into the state’s network of National Suicide Prevention Lifeline call centers. But to build out the system as envisioned, including providing mobile crisis response, proponents of the cell phone fee say the state needs ongoing funding.
Burial option: Human composting
By Sameea Kamal
WHAT THE BILL WOULD DO
After failed attempts in 2020 and 2021, a bill to legalize “natural organic reduction,” or turning bodies into soil as an after-death option was resurrected this year. AB 351, authored by Assemblymember Cristina Garcia, a Democrat from Downey, establishes licensing and regulation processes for human composting. It would also require the state’s public health department to regulate the “reduction chambers” where it’s done to prevent the spread of disease. The regulation would be funded by a maximum fee of $8.50 per reduction — or per body — paid by licensed facilities to the Department of Consumer Affairs’ Cemetery and Funeral Bureau.
WHO SUPPORTS IT
The bill was supported by the environmental group Californians Against Waste and by two companies who offer sustainable burial services, Better Place Forests and Recompose.
WHO’S OPPOSED
The California Catholic Conference opposes the bill, saying that scattering the remains of multiple people in the same area is “tantamount to a mass grave.”
WHY IT MATTERS
Garcia said the state needs more environmentally friendly burial options, since traditional methods put chemicals into the ground, or release carbon into the atmosphere. The National Funeral Directors Association estimates that about 67% of people were cremated in 2021 – and that number is expected to rise. Cremating one corpse can release almost 600 pounds of carbon dioxide into the atmosphere. Supporters of the bill say if each Californian opted to be composted after death, the carbon saved would be enough to power 225,000 homes for a year. It would take effect in 2027.
###
CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.
OBITUARY: Barry Collins, 1946-2022
LoCO Staff / Wednesday, Aug. 31, 2022 @ 8:16 a.m. / Obits
Barry
Collins passed away on July 31, 2022 in Sacramento with his wife and
daughter by his side.
Barry was born in Glendale to Velma and Marshall Collins. He grew up in Burbank, where he began surfing (and sometimes attended Burbank High School). He continued his studies at San Diego State University (because he could surf there), graduating with a bachelor’s degree in biology and then went on to Cal Poly Humboldt completing a master’s degree in fisheries biology.
His career began in 1976 working as a biologist for California Department of Fish and Wildlife (CDFW) on the East Walker River. But he shortly found himself in the California Delta working on the striped bass study tagging stripers, documenting harvest rates, and doing population estimates. He also supervised the fish facilities program and the fish salvage operations staff at the Skinner Delta Fish Protective Facility.
Barry met his wife, Judy Tengbom, when she worked for him as a fisheries technician. They were married in 1979 beginning 43 years of adventures and life together. When Barry was not working, their family spent time on the Delta islands hunting ducks or camping in the Sierras. He passed his passion of the outdoors onto his son, Reed Collins, teaching him how to fly-fish and tie flies, how to set up a backcountry camp, and how to select the best surf waves; these are all pastimes Reed still enjoys today.
In 1991, Barry and his family decided to move from Stockton to Humboldt County where Barry continued his career at CDFW working on the natural stocks assessment project; he then moved into the Fisheries Restoration Grant Program, which supported salmon and steelhead habitat restoration projects up and down the northern California coast. During these years on “take your daughter to work day” he brought his daughter, Alison Collins, out to count juvenile Chinook salmon and steelhead in the local rotary screw traps. This sparked her interest in fisheries and led her to pursue a career as a fisheries biologist. Today she works in the California Delta on many of the same projects that her father worked on.
Barry had so many different passions during his life. He most enjoyed backpacking and fly fishing in mountain streams. He loved duck hunting and trap and skeet shooting. He enjoyed delta blues and played the guitar and mandolin. He loved taking and developing his own photographs, especially black and white photography. He was a surfer in southern California and a golfer in northern California. He studied astronomy and was building his own telescope. There were many nights spent with family and friends looking at the stars and identifying the constellations and galaxies. He also had a passion for baking bread and we will always remember his delicious focaccia. Thank you, Barry, for enriching our lives in so many ways.
Barry is remembered by his colleagues and friends as a good person, an inquisitive scientist, fun to be around, direct but constructive, possessing a witty dry sense of humor, and one who was committed to seeing salmonid restoration projects implemented. Memories being shared by friends and peers have created a beautiful tribute to a man that made an impact on so many people in his life.
Special thanks to friends and caregivers who helped Barry live his best life including Corey, Dusty, Kyle, Doreen, Leonard, Cadine, Shaquille and Adult Day Health Care of Mad River.
Barry was preceded in death by his father, Marshall Collins, and mother, Velma Collins.
Celebrating his life are his beloved wife, Judith Tengbom, his daughter Alison Collins (Corey Phillis and granddaughter Kira), his son, Reed Collins (Sally), his brothers, Fred Collins and Ray Collins and nephews Brian Collins (Chandra), David Collins and John Collins and their families.
Friends are invited to a celebration of Barry’s life at Humboldt Unitarian Fellowship located at 24 Fellowship Way, Bayside on October 8, 2022 from 2-4 p.m.
Should friends desire, contributions in memory of Barry may be sent to the North Coast Regional Land Trust, P.O. Box 398, Bayside, CA 95524 or online at this link.
If you’d like to share a story or memory about Barry, please email these to his daughter, Alison Collins at 2bwc@suddenlink.net She will be collecting these into a book to celebrate his life.
###
The obituary above was submitted by Barry Collins’ loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.
OBITUARY: Violet Elizabeth Summers, 1935-2022
LoCO Staff / Wednesday, Aug. 31, 2022 @ 6:56 a.m. / Obits
Violet Elizabeth Summers passed away on Sunday, August 21, 2022. She experienced
congestive heart failure the last few years of her life but it was exposure to COVID-19 that took
her life. She was 86 years old. Violet was born on November 12, 1935 in Easton, Penn. and moved
with her family to Southern California when she was five years old. She graduated from Redondo
Beach High School.
Violet had many interests including sailing and even lived on a sailboat for a few years, watching her daily soap opera, and in her 50s she studied and became a deaconess. Violet’s employment interests were similarly vast, from managing an auto body shop to selling real estate in Newport Beach. She retired from working at an hyperbaric oxygen clinic after several years.
She was a very talented oil painter and arguably could have become the next Kinkade or Monet. However, she grew attached to her paintings and could never sell her masterpieces, preferring to loan her paintings to family members.
Violet had a bigger-than-life personality, and had the gift of gab. She was proud of her Italian heritage and mastered spaghetti sauce. She always had a perfect manicure featuring deep red polish. In her younger years she enjoyed driving her Cadillac around town. Her grandchildren fondly remember how one time she missed an exit on the highway and she drove in reverse for 700 yards.
Violet was preceded in death by her father Peter Paul Affa and her mother, Sofia Julia Affa-Stewart of Redondo Beach. She was the mother of Diane Carey, and son-in-law Jack Carey of Oxford, Penn., and Denice Notter, son-in-law Chuck Notter of Arcata. Violet was the grandmother of Mark, Robbie, and Bonnie Carey, and Cassandra Kartashov (nee Wagner), Sara Wagner and several great-grandchildren.
Violet also leaves behind her brothers Steve Affa and wife Anita of Idaho, and Roger Affa and wife Marilyn of Colorado, and Sister Joice Prince of Idaho. She will also be missed by her many cousins and friends.
She wished to be cremated and have her ashes spread in the ocean. A celebration of life will be held at a later date.
###
The obituary above was submitted by Violet Summers’ loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.
Supervisors Agree to Settle State Lawsuit Against Former Auditor-Controller Karen Paz Dominguez and Humboldt County
Ryan Burns / Tuesday, Aug. 30, 2022 @ 5:10 p.m. / Local Government
Former Humboldt County Auditor-Controller Karen Paz Dominguez. | File photo by Andrew Goff.
###
The Humboldt County Board of Supervisors has approved a settlement agreement with the State Controller in the case of The People vs. Karen Paz Dominguez and the County of Humboldt.
The state filed the suit on May 2, alleging that Paz Dominguez, the county’s former auditor-controller, failed to file the county’s adopted budgets on time for two consecutive fiscal years — 2020/21 and 2021/22 — and also failed to file the county’s Financial Transaction Reports for fiscal years 2019/20 and 2020/21 “in the time, form, and manner prescribed by the State Controller.”
The state sued Paz Dominguez in both her personal and official capacities. The county was named as a co-defendant.
In June, the county reached a separation agreement with Paz Dominguez, agreeing to pay her attorney fees and dropping its own cross-complaint against her, among other terms, in exchange for her early departure.
Meanwhile, staff and legal counsel have been negotiating settlement terms with the state, and at today’s Board of Supervisors meeting staff presented the agreement for approval.
What are the terms, you ask? For one, in exchange for the state dropping its suit, the county has committed to “a detailed action plan that includes milestones” for filing the overdue budgets and reports.
The county also agreed to provide the State Controller’s Office with an update to the action plan within seven days of the suit’s dismissal, plus progress reports at the end of October of this year and January, March and May of next year.
“If [the] county’s updates are unsatisfactory to [the State Controller’s Office], the parties will, within 14 days, meet and
confer to resolve their dispute,” the agreement says. “If the parties are unable to resolve their dispute within 14 days of
their first meeting, [the state] may seek judicial enforcement of the terms of this agreement
without further notice to defendants.”
The county also agreed to pay $12,000 in forfeitures for the delayed reporting, and each party will pay its own attorney fees.
The settlement agreement was approved unanimously, without discussion, as part of the consent calendar for today’s meeting.
###
Responding to Drought Concerns, Supes Tell Staff to Develop a Cannabis Policy on Water Storage and Forbearance
Ryan Burns / Tuesday, Aug. 30, 2022 @ 4:33 p.m. / Cannabis , Local Government
The Humboldt County Board of Supervisors. | Screenshot.
###
Humboldt County continues to experience severe-to-extreme drought conditions, heightening concerns about the water being used to irrigate our region’s most famous cash crop: cannabis.
On Tuesday, the Humboldt County Board of Supervisors responded to concerns from its own Planning Commission by directing staff to develop a new cannabis permitting policy addressing water storage and forbearance.
The Planning Commission recently asked the board for guidance on this matter. On August 11 the commission submitted a letter telling the board that “there continues to be substantial public concern expressed over the use of groundwater for cannabis irrigation needs.”
In particular, members of the public have said the county should stop permitting new wells until there’s a better understanding of how they connect to surface water in the county’s various watersheds. In response, the county planning department has been asking applicants to obtain a report from a licensed geologist or hydrologist to certify that their wells aren’t hydrologically connected to adjacent wells or surface water features.
The county is already operating under a settlement agreement from a 2019 lawsuit brought by Friends of the Eel River, in which the environmental group argued that the county hadn’t done enough to mitigate the impacts of commercial cannabis operations on local watersheds. The agreement requires the county to disperse grant funding to local landowners for culvert replacements and road repairs.
But local residents are still worried, with some neighbors of permitted cannabis farmers reporting that their own wells have gone dry despite the certifications from a hydrologist.
In response, the Planning Commission recently voted to require a condition on new permits that at least 20 percent of an applicant’s anticipated water needs be supplied by rainwater catchment.
In its letter, signed by Chair Alan Bongio, the Planning Commission asked the board for feedback “to either modify the ordinance or to establish policy to require rainwater catchment, water storage, or reliance on [the] Drought Task Force through [the] existing ordinance, in addition to groundwater wells.”
At today’s meeting, Planning and Building Director John Ford said the Planning Commission has only added that 20 percent rainwater catchment requirement to two permits thus far, both of which were for existing cultivation.
Second District Supervisor Michelle Bushnell noted that this requirement is not part of the county’s cannabis permitting ordinances, neither version 1.0 nor version 2.0.
During the public comment period, several members of the local cannabis community spoke against the prospect of a new rainwater catchment requirement.
Natalynne DeLapp, executive director of the Humboldt County Growers Alliance, said limiting water usage during dry months is widely considered a better approach.
“Forbearance is the gold standard for water conservation,” she said. DeLapp added that the county is working to collect additional data on groundwater connectivity while also distributing $12 million in state funding to incentivize water storage.
Any new policy should focus on forbearance, efficiency and decreased production scale, not just rainwater catchment, she argued.
SoHum resident Robie Tenorio said that with water storage being the goal, the county should encourage people to develop ponds. But, like DeLapp, she doesn’t necessarily support a new policy requiring rain catchment.
A new policy would just create confusion, she said, adding, “I think we really need to focus on forbearance.”
Fellow SoHum resident Bonnie Blackberry said the county should wait until after the drought task force finishes its studies on the county’s hydro-geological conditions, saying the drought is causing an environmental crisis.
“I believe it’s all connected,” she said regarding local water supplies.
When the matter came back to the board, First District Supervisor Rex Bohn said he also believes in the wisdom of forbearance.
“I’m a pond guy,” Bohn said, adding that he’s happy deferring to staff to work out a recommendation. He also noted that cannabis gets treated differently than other crops. “They can put [in] any other agricultural crop — 50 acres of grapes — and [those farmers] don’t come anywhere near our office.”
Bushnell said she’d like to see more consistency from the Planning Commission, adding that “cannabis gets tore up” in a lot of their meetings.
Bushnell said someone recently asked about her own cannabis cultivation project.
“Yes, I have a rain catchment pond,” she said. “I did it. I didn’t have to but I did it because I want to. I’m going to utilize that for my cows and for lots of things — for fire suppression.”
But she doesn’t think it’s right to mandate such a thing for all applicants right now.
“We have changed the goalposts for these folks so many times,” Bushnell said.
Ford said the Planning Commission really wants an answer to the question in their letter.
“Well, I think the Planning Commission has an answer,” Bushnell said. “They have an ordinance that they should follow.” She again said that she feels cannabis projects are being singled out for harsher treatment from the commission.
Ford said the Planning Commission wants to respond to public concerns, though he added, “I think that’s where sometimes we get into situations where projects have been conditioned to require more storage than at other times. It does start to get a little bit inconsistent.”
Third District Supervisor Mike Wilson said he thinks any forbearance policy shouldn’t be limited to cannabis.
“We’re seeing 10,000-square-foot homes and whatever the associated landscaping and pools and other things associated with that,” he said regarding development in the hills. He also mentioned vineyards. “I’ve been watching that trend south of here. It’s coming here,” he said.
Wilson also noted that he doesn’t have a problem with the Planning Commission making its own judgment calls. “There is statutory discretion,” he said.
Fifth District Supervisor Steve Madrone credited ranchers as being “the original innovators of storage and forbearance,” and he reiterated his oft-stated belief in the power of incentives. He suggested “stewardship incentives” such as tax credits as a means of encouraging storage and forbearance.
Bushnell made a motion to direct staff in the Planning and Building Department to come back with recommendations on a forbearance policy, later adding direction to include a proposal for incentive-based reductions of Measure S cultivation taxes for storage and forbearance.
“I want to ensure that we while we’re doing this process, that [the] Planning Commission can be considerate that we’ve heard them and be patient as we get some ordinance or policy changes coming forward,” Bushnell said, “and to not stifle projects as they come to them.”
She amended her motion to include a letter from the board to the Planning Commission expressing that sentiment.
The motion passed unanimously.
