A Humboldt County cannabis grower has agreed to pay $750,000, remove unpermitted ponds and restore streams and wetlands after state officials accused him of violating regulations protecting water supplies, wildlife and waterways.

Of the total, $500,000 is a record penalty for a water rights violation in California. State officials say the violations by Joshua Sweet and the companies he owns and manages, Shadow Light Ranch, LLC and The Hills, LLC, continued for years and were “egregious,” damaging wetlands and other resources.

Under the settlement, Sweet will have to pay an additional $1 million if the remediation work outlined is not completed.

In a statement to CalMatters, Sweet said, “If the full penalty and remediation costs were due today it would take everything I own.”

“Although I will follow through with my end of the settlement, I do not believe this is fair or just, and I believe I have already suffered way too much,” Sweet, a licensed cannabis cultivator, said in the emailed statement.

“Even during our court-mandated settlement conference, they were asked why they would go after a small independent businessman with these type of enormous fines usually reserved for huge corporations that destroy ecosystems.”

In the settlement, Sweet agreed that “developing the properties in Humboldt County … resulted in violations of the California Fish and Game Code and the California Water Code.”

“Although I will follow through with my end of the settlement, I do not believe this is fair or just, and I believe I have already suffered way too much.”
— Joshua Sweet, Humboldt County cannabis grower

The companies’ 435 acres of land are part of the Emerald Triangle, where cannabis reins. Springs and streams of the Bear Canyon Creek Watershed cross the land and eventually drain into the South Fork Eel River — a wild and scenic river that provides critical habitat for threatened and endangered species of steelhead, Chinook and coho salmon.

The settlement comes as the cannabis industry is still trying to find its footing after legalization, and as its water use, especially for illegal cannabis operations, becomes increasingly contentious.

The agreement, approved by the Humboldt County Superior Court and announced last week, is the culmination of years of inspections by state water and wildlife officials dating back to 2016, according to the timeline outlined in the initial complaint.

It “resolves violations … that include: the owner’s destruction of wetland habitat and stream channels; conversion of oak woodland to grow cannabis; and failure to … satisfy permitting requirements,” the state’s announcement of the deal said.

Yvonne West, director of the State Water Resources Control Board’s office of enforcement, said Sweet didn’t have authorization to divert water to the reservoirs and use it. Between 2017 and 2020, Sweet took about 16.2 acre-feet of water for three ponds, according to an email from the water board — approximately enough to supply about 49 households for a year.

“The ordered penalties are modest given the scope of damage, the length of time the site has been left unremediated and considering the unjust enrichment or benefit to Mr. Sweet from running a business for several years without going through the necessary permitting process,” said Jeremy Valverde, assistant chief counsel at the California Department of Fish and Wildlife, in an emailed statement.

Sweet and his businesses “for years resisted our attempts to cooperatively work on restoration and recovery of those resources, leaving formal enforcement as our only option,” said Joshua Curtis, the North Coast Regional Water Quality Control Board’s assistant executive officer.

Sweet said, though, that the case didn’t have to play out like it did. “Offers were made and denied,” he said. “There would be no settlement without their need to ‘make an example of me first’.”

The size of the penalty is notable because the water board has limited powers to enforce California’s arcane water rights system. A weeklong standoff during a drought, when ranchers pumped more than half of the Shasta River’s water in violation of state orders, netted a $500 per day fine that reached $4,000, or roughly $50 per rancher.

“The ordered penalties are modest given the scope of damage, the length of time…and considering the unjust enrichment or benefit to Mr. Sweet from running a business for several years.”
— Jeremy Valverde, California Department of Fish and Wildlife

State lawmakers floated a bill last year that could triple the fines for water rights violations, though the bill has thus far stalled. And in 2022, a new law enhanced penalties for cannabis-related violations to $3,500 per day, though this took effect after then-Attorney General Xavier Becerra filed the complaint.

“This was an ongoing use by Mr. Sweet and the penalties are over an approximately four-year period for unauthorized diversion and use of water to support cultivation,” West said. “Five hundred dollars a day, multiple violations over a four-year period, does really add up. And then again we did have the additional types of violations at play here as well.”

The cannabis operation’s complex irrigation system came to state officials’ attention after Sweet notified the Department of Fish and Wildlife of plans to further develop the property in 2015, the 2020 complaint said.

Over the years, inspections by state agencies turned up “violations … for unlawful alteration of the bed, channel, or bank of a stream and … unlawful sediment discharge into waters,” the complaint said. They also turned up storage tanks and three storage ponds, two of which predated his ownership and one that, according to the complaint, Sweet had constructed despite the warning that it needed a permit.

The pond was in a location that “disturbs/inundates wetlands with a direct hydrologic connection and discharge to a … tributary to the South Fork Eel River,” the complaint says. “Additionally, the Property’s other ponds, multiple illegal stream crossings, and road-associated landslide discharge or threaten to discharge to unnamed tributaries of the South Fork Eel River.”

The pond is one of the reasons state officials considered the case egregious, West said. “We didn’t have the opportunity to review and catalog the status of that wetland or the benefits of that wetland before it was destroyed.”

Sweet, the grower, said the lengthy process “has caused so much undue and unnecessary strain, pain, and suffering on me and my health, my family, my friends, and this community.”

“I thought what I was following the law and had hired the proper professional team to abide by the myriad of requirements,” Sweet added. “My suffering does not end, and I will continue to struggle for the foreseeable future. Which is, I guess, what they wanted.”

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

Kathleen June Baldy-Dean was born June 10, 1958, and entered into rest January 28, 2024.

Kathy was a beloved mother, a dear sister and aunt, loving wife, and cherished friend. She was a member of the Hoopa Valley Tribe and resided on the reservation for most of her life. She graduated from Hoopa High school and continued her education over the years, primarily at Edmunds Community College in Washington, where she was noted to be a member of the Native American Association. Kathy held a strong family affiliation with her siblings and their children. By her late husband Omar Dean, Kathy also enjoyed life as a stepmother, grandmother, aunt and in-law. Before his passing, Kathy and Omar shared a great love, and were inseparable for 30 years. They especially loved to travel to various places together.

Kathy is remembered for her happy-go-lucky spirit, and fun loving personality. She was often the light at family gatherings with her celebratory enthusiasm and notable humor. She enjoyed beading, known for creating all kinds of jewelry. She would string together necklaces as impromptu gifts for her loved ones. When the occasion called for it, Kathy liked to sing and dance, even if her only audience was her daughter, or her beloved pets. Kathy also enjoyed western classic shows, playing card games, word searches, and billiards. Her daughter also fondly remembers her mother for being a volunteer for car rides, even just to the store, and that Kathy was a shop til she dropped kind of person.

Over the recent years of her life, Kathy was a dependable caregiver for her family. She was always willing to help anyone in need and opened her home to family. She created cherished bonds with Ariel Richards and Melody Phines, Salisha Dean, and Al Kenny Dean when she welcomed them into her home. Kathy was a one-of-a-kind person, with a generous heart – even when she had nothing to give, she gave everything she had for family and friends. She is going to be missed deeply by all who loved her, including her beloved pets Cinnabear, Toby, and grandpups Chocolate, Coco, and Peanut.

Kathy is survived by her daughter Kathleena McConnell and husband Kevin McConnell. Also survived by her siblings and their families: Alex Pratt; Julie McKinnon; Valerie Harvey; Sonja Baldy; Lyle Baldy, Sr.; Darcy Miller; and Lulu Baldy. She is survived by stepdaughter Deborah McConnell and family, as well as numerous grandchildren, nieces, and nephews through her Dean family.

Kathy is preceded in death by her husband Omar Dean; her parents Newton Baldy Sr, and Nancy Gardner-Baldy; paternal grandparents, Maynard and Nellie (Moon) Baldy, maternal grandparents Martin and Lulu (Todi) Gardner; siblings Nancy Baldy, Kenny Baldy, Newton Baldy Jr., Clarence Baldy, Elizabeth “Dolly” Marshall; Allen “Cash” Davis, Edgar Norton, Mary Doolittle and Keith Baldy; Kathy is also preceded in death by stepdaughter Rebecca Dean-Ferris, and stepson Omar Dean III.

Pallbearers include: Kevin McConnell, Rowds Robbins, Ronnie Robbins, Filmore Harvey, Lare Toss McKinnon, Floyd “Cowboy” Billings, Lance Marshall Sr., Kevin Pacheco, Bautisto “Cheetos” Pacheco, Andrew Pratt, Lyle Baldy Jr., Leroy Baldy, Derek Schuchman-Baldy, Isaac Bussell, Bruce Bussell, Ryon Markussen, Lonnie Dean, Al Kenny Dean, Bradley Hostler, Sonny Jim Dean, Tsewenaldin Van Pelt, Stuart McConnell, Robert McConnell Jr., Marcus Dean-Rowe, as well as Kathy’s great-nephews, and loved ones too numerous to list.

Honorary Pallbearers: Kenneth Doolittle, Sonny Pratt, Alex Pratt, Clyde Moon, Franklin Richards, John Robbins Jr., Tyke Robbins, Robert McConnell Sr., Arden McCovey, Pliny “Jack” Jackson, Tim Bussell Sr., Kim Conrad, Boyd Ferris, Jesse McCovey, Damon Cross, Rick Sanderson, Sylvester “Flab” Brown, Douglas Brown, Freddie Brown.

Kathy’s passing was unexpected; please understand if we forgot to mention anyone. Your presence is encouraged and will be greatly appreciated as we lay our loved one to rest.

A wake will be held at Kathy’s home on Telescope Road on Friday, February 2, beginning at 6 p.m. Funeral service will be held on Saturday, February 3 at the Neighborhood Facilities in Hoopa, beginning at 11 a.m., with Harold Jones officiating. Burial at Hoopa Cemetery. A potluck reception will follow at the American Legion. Please cook up your favorite dish and join us. Arrangements are under Paul’s Chapel in Arcata.

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The obituary above was submitted on behalf of Kathleen June Baldy-Dean’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here.

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The Yurok Tribe convened a two-day summit at the Sequoia Conference Center in Eureka this week to discuss all aspects of the floating offshore wind development slated for the North Coast and the importance of including indigenous communities in every step of the development process.

“Too often we feel like we’re being talked to … and we’re tired of it,” Yurok Vice-Chair Frankie Myers said at the start of Monday’s summit. “We’re tired of consultations. We’re tired of being a box to be checked and being a part of the process. We want to engage meaningfully. We want to create the process.”

Myers acknowledged the urgent need to address the global climate crisis and expressed support for energy alternatives, but said he still wasn’t sure whether the Tribe would stand behind the proposed project because there are too many unknowns.

Yurok Vice-Chair Frankie Myers

“From our perspective, industry is industry,” he said. “We all understand the need to address climate change because it most often disproportionately affects people like us. We need to take bold action and bold transitions, but ensuring it’s done equitably has to be at the forefront. Otherwise, we’re bound to make the same mistakes we have in the past. … One hundred years from now our grandchildren will look back on you. Let’s make sure they look back and are proud of what we did, and that they don’t have to ask themselves the same questions we asked ourselves. Let’s truly leave a better world for future generations.”

The first day of the summit focused on the regulatory side of the proposed development. Representatives from the Bureau of Ocean Energy Management (BOEM), U.S. Department of Energy, California Energy Commission (CEC), Vineyard Offshore, Canopy Offshore Wind, Humboldt Harbor District, Schatz Energy Research Center at Cal Poly Humboldt and others provided detailed presentations on various aspects of the project, including environmental review, port development and challenges surrounding electrical transmission on the North Coast. 

The Humboldt Wind Energy Area (WEA), located approximately 20 miles west of Eureka, could host as many as 100 floating wind turbines across more than 200 square miles of deep ocean waters. The development would be one of the first floating offshore wind energy projects in the United States.

At one point during the first day of the summit, three women quietly got up from the audience and held signs in silent protest of the proposed development. The Outpost caught up with one of the women, Yurok tribal member Melissa Star Myers, during a break and asked how she felt about the summit so far. “I’m looking for these people to come out and tell us the truth,” she said.

“I just think that the idea of offshore wind energy and these giant wind turbines in our ocean … it’s terrible,” she said. “It’s a horrible idea. A person I know recently just said to me, ‘Oh, missy, it’s already done.’ I don’t just lay down like that. It’s not already done. That’s not my mentality, and that’s not my family’s mentality.”

The second day of the summit provided an opportunity for tribal leaders to respond to the previous days’ speakers and share their concerns about offshore wind development. One woman, who did not identify herself, asked what the developers and regulatory agencies would do to protect marine animals and birds.

“How is this going to affect the animals in the ocean?” she asked. “How are these generators – these mammoth manmade monstrous machines that generate all this energy – going to affect the migration of the whales? Every living thing inside that water is important and will be affected in one way or another. And everything that affects one thing ultimately affects everything.” 

The Yurok Tribe invited representatives of the Mashantucket Western Pequot Tribe, the Wampanoag Tribe of Gay Head (Aquinnah) and the Mashpee Wampanoag Tribe to speak about their experiences in working with regulatory agencies and developers on a large offshore wind development located about 35 miles off the coast of mainland Massachusettes, south of Martha’s Vineyard. 

Michael Johnson, deputy historic preservation officer for the Mashantucket Western Pequot Tribe, said the developers and regulators consulted tribal communities in the region, but their concerns “fell on deaf ears.”

“It’s been challenging on a lot of fronts,” he said. “We heard the very same thing: ‘We take consultation very seriously.’ We hear that all the time. … The problem is, we are consulting but none of the information is used … and it really does feel [as though] they’re checking the box and saying ‘Yeah, we consulted with the tribe.’”

For example, Johnson said he and other tribal members had to explain to developers why “Mayflower Wind,” the former name of one of the lease proposed developments owned by Shell New Energies and Ocean Winds, was problematic. “I said, ‘Do you understand the history of the United States and tribal people?’ and he said, ‘No, I do not,’” Johnson said.  “I told him that I’d like him to do some research and come back. … Two years later they changed the name to SouthCoast Wind.”

Bettina Washington, the historic preservation officer for the Wampanoag Tribe of Gay Head, said there seems to be a fundamental misunderstanding between tribes and regulatory agencies regarding natural resources. “We have to somehow convince federal agencies [that] when you see natural resources, in your head you need to think of them as cultural resources because that’s how we see them.”

At the end of Wednesday’s summit, Yurok Tribal Chairman Joe James invited the developers up to the stage to share closing remarks and respond to some of the concerns shared throughout the day. 

Rachel Pachter, Vineyard Offshore’s Chief Development Officer, said she was at a loss for words, noting, “My heart is trying to figure out what to do with all this information.”

“I think we’re all acknowledging that a lot of things we want to do together are really difficult, and so that’s going to take a lot of thought and a lot of time,” she said. “My brain immediately goes to ‘How?’ … So, for me, where the current work is is to pause at that moment and take the time to figure that next step out.”

James Sun, development director of RWE Offshore Wind Services LLC, regionally known as Canopy Offshore Wind, agreed that the developers “have a lot of work to do” but said he is confident that all parties will be able to forge a path forward.

“We have a lot of homework that we have to do up here,” he said. “I think [this] is a turning point of sorts, and I think the only thing we want to look forward to is to continue listening, to continue learning and to deepen our relationships.”

Chairman James and several other local tribal officials shared their thoughts on the two-day summit in a brief press conference, which can be viewed below.

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The State of California wants in on the City of Eureka’s fight against the Security National-funded Citizens for a Better Eureka.

The Office of Attorney General Rob Bonta today submitted a request to file amicus curiae or “friend of the court” briefs in support of the City of Eureka and the Eureka City Council, and it says the court should reject the Citizens for a Better Eureka’s efforts to thwart affordable housing developments downtown. 

Last month, Citizens for a Better Eureka filed a series of motions seeking preliminary injunctions that would immediately block the city and its partners, including Linc Housing and the Wiyot Tribe’s Dishgamu Humboldt Community Land Trust, from breaking ground on affordable housing and transportation projects slated for development on municipal parking lots downtown.

The motions – five, in all – allege violations of the California Environmental Quality Act (CEQA), arguing that the city failed to conduct legally required environmental review not only for the elimination of public parking spaces but also for the various planned redevelopment projects, which the group says will impact traffic and air quality. 

The city, meanwhile, says that it fully complied with CEQA when it updated the Housing Element for its 2040 General Plan. The parking lots slated for redevelopment were designated for affordable housing in that document, which was certified by the state in 2019, and those parcels have since been declared surplus property.

In the application filed today, the Attorney General’s Office says the City of Eureka did not violate CEQA; rather, it says, the city’s actions are consistent with state housing and environmental policy, and it used proper metrics to analyze traffic impacts. 

Specifically, the filling argues that by identifying city-owned infill sites for development, “the City is able to actively facilitate future housing, including affordable housing, where it is most suitable, most needed, and results in the greatest environmental benefit.”

Indeed, the filing continues, “The City is actively fulfilling state policies to facilitate much-needed housing development in precisely the areas those policies encourage to reduce environmental harm and improve livability for all Californians.” (Emphasis in the original.)

The A.G.’s request is scheduled to be heard tomorrow afternoon by Judge Timothy Canning in Courtroom Four. The Citizens for a Better Eureka motions for preliminary injunction are scheduled to be heard on Feb. 9.

While Citizens for a Better Eureka mounts a legal battle against the downtown housing development projects, a similarly Security National-funded effort called the “Eureka Housing for All and Downtown Vitality Initiative” is taking the fight to the ballot box.

That measure, which will appear on local ballots in November, would rezone the former Jacobs Middle School property, which was recently purchased by a mysterious buyer who has so far refused to identify themself, and amend the city’s General Plan to allow downtown developments only if existing parking spaces are preserved and additional parking is built for residents.

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DOCUMENT: Ex Parte Application for Leave to File Amicus Curiae Briefs in Support of Respondents

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PREVIOUSLY:

• The Eureka City Council Wants Developers to Build Affordable Housing on Three City-Owned Parking Lots
• Eureka Planning Commission Chair Jeff Ragan Abruptly Resigns, Citing ‘Grave Concerns’ Over City’s Approval of Housing Projects on Three City-Owned Parking Lots
• The City of Eureka is Gearing Up to Turn Three More Parking Lots into Affordable Housing Developments, Including the Two Lots at City Hall
• Arkley Threatens Lawsuits, Referendum, Recall Drive Over City of Eureka’s Plans to Convert Parking Lots to Housing
• Eureka City Council Postpones Vote on Proposed Parking Lot Land Swap
• ‘Furious’ Rob Arkley Says He’s Moving Security National HQ Out of Eureka After Clashing With City Staff About Development Priorities
• New Group — ‘Citizens for a Better Eureka’ — Says It Will Sue Eureka Over Downtown Housing Development
• Here is the Housing Development/Parking Lot Lawsuit Served on the City of Eureka Today
• Arkley-Affiliated Group ‘Citizens for a Better Eureka’ Files Second Lawsuit Against the City Over Development Plans
• Local Group Announces Intent to Stop the City of Eureka’s Conversion of Downtown Parking Lots Into Housing With New Ballot Measure
• Wiyot Tribe Makes Its Case, Convinces Eureka Council to Reject Staff Pick and Award Affordable Housing Development Projects to Tribal Land Trust Agency
• Group Circulating Eureka Housing Petition Says the Wiyot Tribe’s Projects Are OK, Clarifies That Parking Lot Conversions Will Be Allowed So Long as Developers Build Even More Parking Than Before
• Eureka Gets $30 Million Grant for Housing Projects That the ‘Housing For All’ Initiative Hopes to Block
• New Coalition — ‘I Like Eureka Housing!’ — Formed to Oppose Arkley-Backed Pro-Parking Lot Initiative
• (UPDATE) Arkley-Affiliated ‘Citizens for a Better Eureka’ Files Two More Lawsuits Against the City, Aiming to Block Linc Housing Developments

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Statement from Doug Shaw, CEO of Mad River Community Hospital, announcing end of negotiations with Southwest Healthcare Services, LLC:

On January 29, 2024, Mad River Community Hospital leadership and Southwest Healthcare Services, LLC (“Southwest”) elected to terminate the letter of intent executed in June 2023 regarding Southwest’s potential acquisition of the hospital and its related clinics.

We know the uncertainty surrounding a potential transition was of concern to our employees and providers, and we hope our announcement today will provide reassurance and bring some measure of relief.  

While we know it is a challenging time for rural hospitals, we remain committed to doing what is best to support our employees, community, patients, and hospital.  The hospital’s legacy is my father’s legacy.  It remains my focus and passion.  To that end, we have and will continue to make significant investments in our people, our equipment, and our facilities, all to ensure our hospital’s future success and stability.

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PREVIOUSLY:

• BREAKING: Mad River Hospital Announces That It’s Looking to Sell to Arizona-Based Hospital Company
• Who is Precious Velvet Mayes? TV Producer, Soap Star and Likely Next CEO of Mad River Community Hospital.
• Bounced Paychecks, Bumpy Care and Bankruptcy: Examining the Track Record of Mad River Hospital’s Potential New Owners
• Chief Exec of Mad River Hospital Unexpectedly Ousted; Talks Continue for Potential Sale to Arizona Company

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Press release from the Coalition for Responsible Transportation Priorities:

Humboldt County, CA—The Coalition for Responsible Transportation Priorities (CRTP) has intervened in a lawsuit filed last year by the newly formed “Citizens for a Better Eureka” against the City of Eureka. The lawsuit seeks to halt efforts to build affordable housing and a transit center on city-owned lots, including some downtown parking lots. On Monday, January 22nd, 2024, the court approved CRTP’s petition to intervene. CRTP is represented in the case by Legal Services of Northern California.

The City’s plan to make city owned property available for the development of affordable housing is part of its housing element plan to meet the housing needs of everyone in Eureka. The need for affordable housing in California is immense—Eureka is home to approximately 3,060 extremely and very low-income households; and there are nearly 500 people in Eureka experiencing unsheltered homelessness on any given night. The City’s plan, which this lawsuit threatens, is well on its way to making a meaningful impact in our community and 218 affordable homes near public transit are already in the works as part of this project.

CRTP has fought for years to protect and strengthen the city’s plans to build much-needed walkable, affordable housing and a multi-modal transit center on some downtown parking lots. Beginning in 2020, and with CRTP’s support, the city awarded development rights to build affordable housing on several sites to the non-profit Linc Housing and to the Wiyot Tribe’s Dishgamu Humboldt Community Land Trust, respectively, and approved an agreement with the Humboldt Transit Authority to build the Eureka Regional Transit and Housing Center (EaRTH Center). These projects have also collectively been awarded tens of millions of dollars in state grant funding and are proceeding toward construction. But all of this progress (and grant funding) is now at risk because of this group asking the court to halt all actions to further the city’s housing plans.

“The city’s plans represent a win-win-win for housing, downtown vitality, and the climate,” said CRTP Executive Director Colin Fiske. “These projects will collectively bring hundreds more people within walking and biking distance of downtown businesses and employment centers, provide desperately needed affordable housing, and dramatically improve local transit service. Our intervention in this case allows us to actively defend the city’s walkable housing and transit center plans in court. We can’t let a small group threaten this important progress just because they have the money to file a lawsuit.”

While this lawsuit was filed last year, the threat to the city’s housing plan became more urgent when “Citizens for a Better Eureka” filed a motion earlier this month for a preliminary injunction. After being granted permission to intervene in the lawsuit, CRTP filed an opposition to the motion for preliminary injunction. If granted by the court, this injunction would immediately block the city from working with Linc Housing, the Wiyot Tribe’s Dishgamu Humboldt Community Land Trust, and the Humboldt Transit Authority to further their affordable housing and transit-and-housing projects, and would prevent these and other projects from breaking ground. This would significantly delay progress toward meeting critical housing and climate goals. It could also jeopardize awarded grants, signed contracts, and other agreements, and in the worst case might effectively block the projects altogether. CRTP will work vigorously to prevent this outcome and keep the city’s plans on track.

For more information about CRTP, visit https://transportationpriorities.org/.

About Legal Services of Northern California LSNC is the non-profit civil legal aid provider for 23 northern California counties, serving low-income people, older adults and people with disabilities, primarily in the areas of housing, health care, public benefits and civil rights. In 2023, LSNC served more than 10,000 individuals and families. LSNC prioritizes assisting low-income community members to preserve and find affordable and safe housing.

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PREVIOUSLY:

• Arkley Threatens Lawsuits, Referendum, Recall Drive Over City of Eureka’s Plans to Convert Parking Lots to Housing
• ‘Furious’ Rob Arkley Says He’s Moving Security National HQ Out of Eureka After Clashing With City Staff About Development Priorities
• Will Eureka Finally See Development on the Big Gravel Lots by the Boardwalk? City Looks to Declare the Parcels Surplus and Seek Proposals for Mixed-Use Project
• New Group — ‘Citizens for a Better Eureka’ — Says It Will Sue Eureka Over Downtown Housing Development
• Eureka City Council Approves Surplus Designation for Vacant Lots by the Boardwalk Despite Lawsuit Threats, Paving the Way for Affordable Housing and Mixed-Use Development Along the Waterfront
• Here is the Housing Development/Parking Lot Lawsuit Served on the City of Eureka Today
• Arkley-Affiliated Group ‘Citizens for a Better Eureka’ Files Second Lawsuit Against the City Over Development Plans
• Local Group Announces Intent to Stop the City of Eureka’s Conversion of Downtown Parking Lots Into Housing With New Ballot Measure
• Open Letter Urging Eureka Voters Not to Sign the ‘Housing For All’ Petition Endorsed by 100+ Humboldt County Residents, Including Local Leaders in Politics, Business and Culture
• Backers of Eureka’s Pro-Parking ‘Housing for All’ Initiative Say They’ve Gathered and Submitted Enough Signatures to Get It On the Ballot
• (UPDATE) Eureka Gets $30 Million Grant for Housing Projects That the ‘Housing For All’ Initiative Hopes to Block
• Arkley-Affiliated ‘Citizens for a Better Eureka’ Files Two More Lawsuits Against the City, Aiming to Block Linc Housing Developments

A group of California lawmakers is tackling reparations for Black descendants of enslaved people with a set of bills modeled after recommendations that a state reparations task force spent years studying and developing.

The legislative package — a set of 14 bills the California Legislative Black Caucus released Wednesday — addresses everything from criminal justice to food. It includes proposed laws that would require the governor and Legislature to apologize for human rights violations. One bill would provide financial aid for redlined communities while another proposal aims to protect the right to wear “natural and protective” hairstyles in all competitive sports.

The headliner of the package, authored by state Sen. Steven Bradford, a Democrat from Inglewood who served on the task force, would address unjust property takings — referring to land, homes or businesses that were seized from Black owners through discriminatory practices and eminent domain.

The bill would “restore property taken during raced-based uses of eminent domain to its original owners or provide another effective remedy where appropriate, such as restitution or compensation.”

Notably, none of the proposed new laws would include widespread cash compensation for the descendants of slavery, as was recommended by the state’s reparations task force.

“While many only associate direct cash payments with reparations, the true meaning of the word, to repair, involves much more,” said state Assemblymember Lori Wilson, who chairs the Black Caucus.

“We need a comprehensive approach to dismantling the legacy of slavery and systemic racism,” said Wilson, a Democrat from Suisun City.

Reparations to ‘right the wrongs’

The nine-member reparations task force, which included five members appointed by the governor, issued its final recommendations last year.

While serving on the state panel, Assemblymember Reggie Jones-Sawyer, a Democrat from Los Angeles, urged his colleagues to be practical about which measures could get approved and signed into law.

On Wednesday, he applauded the first set of bills, which include proposals to provide medically supportive food to Medi-Cal recipients and to require advance notice when grocery stores close in underserved communities.

“We will endeavor to right the wrongs committed against Black communities through laws and policies designed to restrict and alienate African Americans,” Jones-Sawyer said in a statement.

“Hundreds of legislative and budgetary reparatory recommendations were made within the final report and I, along with the members of the Black Caucus, look forward to working with our legislative colleagues to achieve true reparations and justice for all Black Californians,” he said.

Some of the bills announced Wednesday include only broad strokes of what the proposed legislation would do, and some have not yet been formally introduced. All of the proposed bills in the reparations slate will be formally introduced by February 15 deadline, a spokesman for Jones-Sawyer said.

The handful of proposed laws makes the Golden State the first in the nation to undertake reparations for Black Californians, but it is being released amid turbulent political and financial waters. The state is facing a budget deficit that the governor’s office says is $38 billion, which will make it a daunting task to gather support for any measures with hefty price tags attached.

In 2020, Newsom and some Democratic leaders applauded the creation and work of the state’s reparations task force, which held monthly meetings from San Diego to Sacramento. Formed in the aftermath of the police murder of George Floyd, the task force began while initial public support for racial justice was strong but has since waned.

As the governor aims to boost his national profile, he has responded cooly to the state panel’s final recommendations, which included more than 115 wide-ranging policy prescriptions and a formula for calculating direct cash payments.

Bruce’s Beach in Manhattan Beach on June 30,2022. The beach was returned to the descendants of the Bruce family in 2022. Photo by Raquel Natalicchio for CalMatters

The panel held 15 public hearings, deliberated for two years, and considered input from more than 100 expert witnesses and the public. Task force advisors suggested the state owes Black Californians hundreds of millions of dollars for the harm they’ve suffered because of systemic racism.

CalMatters created an interactive tool for calculating how much a person is owed, using formulas in the task force’s final reports and how long a person lived in California during the periods of racial harm.

An uphill battle

Advocates face an uphill battle convincing other ethnic groups that a payout is due, in part because they have also endured racism and unfair treatment. Asians and Latino voters, who combined make up a majority of the California electorate, largely oppose reparations, as do a majority of white residents, polls show.

A spokesperson for Newsom said Wednesday that the governor “continues to have productive conversations with the California Legislative Black Caucus. The governor is committed to further building upon California’s record of advancing justice, opportunity, and equity for Black Californians.”

At a press conference last month announcing his proposed budget, Newsom said he had “devoured” the more than thousand-page report issued by the state reparations panel.

“We are deeply mindful of what will come next in partnership with the Caucus and the work continues in that space,” Newsom said.

Jonathan Burgess, a fire battalion chief from Sacramento and well-known advocate for reparations, called the legislative package “phenomenal,” especially its proposal to restore property or repay former owners.

“It’s a monumental, profound time,” he said.

Burgess and his family say a portion of land that is now within the Marshall Gold Discovery State Historic Park in El Dorado County, once belonged to him and his family and was unfairly taken away by the state.

His great-great-grandfather first came to California from New Orleans in 1849, initially brought here as a slave to mine for gold. Burgess regularly attended the state task force’s meetings, speaking up about California’s racist history and the need for repair.

“I started my work almost five years ago now,” Burgess told CalMatters on Wednesday, hours after the legislative package was released. “It’s very emotional for me. It’s hard to put into words how I feel — a sense of joy.”

Burgess said many of the wrongs committed against Black people and their families can never be fully quantified with any dollar amount, but returning property is one of the most important measures because it correlates to what would have been generational wealth.

“It’s really about righting history and showing our nation the path forward,” he said. “This is just the beginning, I’d like to hope.”

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