There are lots of thorny legal problems with filing kidnapping charges against a rival governor, but the most important one is simple: Proving that the chief executive of the other state is, in fact, responsible for luring migrants onto a plane under false pretenses.

But Gov. Gavin Newsom, on Twitter, is threatening to do just that after two recent flights delivered 36 people to Sacramento. The first flight arrived Saturday and a second arrived on Monday morning.

Though neither flight originated in Florida, California’s governor put the blame squarely on the Sunshine State, as he did last year when planeloads of migrants were flown into Sacramento and Martha’s Vineyard, Mass.

“You small, pathetic man,” Newsom tweeted at Florida Gov. Ron DeSantis on Monday morning. “This isn’t Martha’s Vineyard. Kidnapping charges?”

.@RonDeSantis you small, pathetic man.

This isn’t Martha’s Vineyard.

Kidnapping charges?

Read the following. https://t.co/kvuxe8Fb6F pic.twitter.com/KyE1lJiIYo

— Gavin Newsom (@GavinNewsom) June 5, 2023

Newsom then linked to the California criminal code statute on kidnapping, specifically the section on bringing someone into the state against their will.

Newsom also made noise last year when requesting the federal government investigate the previous flights, but so far, the U.S. Department of Justice has not made public any such investigation.

Immigrant advocates said on Monday that the human consequences of federal inaction last year are arriving tired and hungry in Sacramento this week.

“I think it was a mistake to dismiss these flights as a stunt in September,” said immigration and border consultant Chris Rickerd. “It was a mistake not to stop the escalation then.”

The Sacramento Executive Airport on June 5, 2023. Photo by Miguel Gutierrez Jr., CalMatters

A spokesperson for California Attorney General Rob Bonta told The Associated Press that the migrants were transported through a program run by Florida’s Division of Emergency Management and carried out by the same contractor paid by the state of Florida to fly migrants from Texas to Martha’s Vineyard in September.

“While we continue to collect evidence, I want to say this very clearly: State-sanctioned kidnapping is not a public policy choice, it is immoral and disgusting,” Bonta said in a statement.

Brian Hofer, an attorney and executive director of the Oakland-based nonprofit Secure Justice, which advocates against what the organization deems to be state and corporate overreach, said the legal ground is “messy” for determining charges, much less where to file them.

“You took people from one state, on flights which are funded by another state, dropped them off in a third state, and you’re going to say they were coerced or taken under threat of force?” Hofer said. “What court do you bring that in?

“It’s just a mess. The legal ground is certainly messy.”

Mark Meuser, a San Francisco-based constitutional and election law attorney, disputed Newsom’s legal reasoning in a tweet on Monday.

“Can you please cite one Florida law that prohibits the transportation of individuals who are in this country illegally to a sanctuary state?” wrote Meuser, a Republican who ran against U.S. Sen. Alex Padilla in last November’s election.

Gavin Newsom called for Justice Department investigation

White House press secretary Karine Jean-Pierre called the flights “dangerous and unacceptable” on Monday, but the Biden administration’s response to previous migrant flights has been, at the very least, out of public view.

Newsom in September asked the U.S. Justice Department to investigate whether the flights could be considered kidnapping under state laws. If they could, he wrote, then the U.S. Justice Department should get involved because they could be considered violations of the federal Racketeer Influenced and Corrupt Organizations Act.

In September, Rachael Rollins, former U.S. Attorney for the District of Massachusetts, pledged to “look long and hard” at potential charges. But Rollins has since resigned, and it’s unclear where that investigation led. The U.S. Attorney’s Office in Massachusetts did not return calls from CalMatters on Monday.

DeSantis’s office also didn’t return calls and emails from CalMatters. Florida’s Republican-controlled legislature has set aside $12 million for the migrant flights.

The Catholic Diocese of Sacramento on June 5, 2023. Photo by Miguel Gutierrez Jr., CalMatters

Bonta, as California’s attorney general, also didn’t file state charges related to those September flights, and it’s unclear what would be different this time. Neither Newsom nor Bonta responded to requests for comment from CalMatters.

It’s one thing to know the planes came from Florida and another to connect those flights directly to DeSantis. But at least one investigation into that connection is continuing, as the sheriff in Bexar County, Texas, has turned over the results of a criminal investigation into DeSantis for his alleged role in transporting 49 migrants from San Antonio to Martha’s Vineyard last year.

The Texas Tribune reports that the Bexar County Sheriff’s Office recently filed several counts of unlawful restraint, both misdemeanors and felonies as a result of the investigation, but didn’t name individual suspects. The investigation has been turned over to the Bexar County District Attorney.

Sacramento surprised by migrant flights

California was caught unaware by the latest arrivals, who were diverted to a small airport in the city and met by local outreach groups and law enforcement.

Sacramento County spokesperson Kim Nava said the migrants left from Texas and changed planes in tiny Deming, N.M., before arriving in California.

“The county did not know the flight was coming in,” she said. “We don’t have communication (with the state of Texas) at this time.”

Sacramento County Communication and Media Director Kim Nava addresses the media during a press conference at the Sacramento Executive Airport on June 5, 2023. Photo by Miguel Gutierrez Jr., CalMatters

Sacramento Mayor Darrell Steinberg said the migrants were being used as “political pawns.” He said he’s focused on “making sure the people who landed here are cared for, and that’s our job.”

Steinberg, a Democrat who is considering a run for attorney general, said he supported a review of whether criminal charges should be filed.

“I mean, I think we ought to, you know, await the result of an investigation, but certainly, an investigation into potential criminal culpability is warranted,” he said.

Each of the migrants carried a clear plastic bag, inside of which were papers directing them to immigration courts, some as far away as Chicago, according to an advocacy group that has been supporting them. Landing in California could make it more difficult for those individuals to reach their court appearances.

“So they’re not even trying to get them closer to families or closer to their court,” said Lydia Guzman, national immigration chair for The League of United Latin American Citizens. “This is all politics.”

Guzman said the organization also demanded action from the federal government in September.

“We inquired with the (U.S.) Department of Justice, we wanted them to look at who was behind all of this,” Guzman said. “We never heard back from DOJ on this issue.”

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This story was written by Nigel Duara, Anabel Sosa and Jeanna Kuang. CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

Jon Albert Mitts Jr. was born May 11, 1936 to John and Florence Mitts in Eureka. He passed away peacefully with family at his side May 30, 2023.

Jon graduated from Eureka High School in 1956 and went on to graduate from Humboldt State College in 1958 with a degree in teaching. He then began his 35-year career as an educator. He first began teaching at Jacobs Junior High, then on to Zane Junior High teaching math and history before completing his career as vice principal. After retiring from Zane Junior High he enjoyed substituting as principal at Winship Junior High and Lincoln Elementary when needed. He was incredibly passionate about education and devoted his life to it. Many of his former students would continue to stay in touch with him and take him to lunch to catch up whenever they came to town.

Jon enjoyed staying active in his membership with the CRTA and spending summers and weekends at his summer home in Bridgeville with family and friends.

Jon is preceded in death by his father, John Mitts Sr.; his mother, Florence Mitts; his sister, Joyce Gross; and his cousin and dear friend Don Johnson.

He is survived by his nieces, Teri Gross, Brenda Olson, Melanie Noe and husband Larry; his great-nephews Danny Olson, Steven Gross and wife Jessica; his great-great-nephew and -niece Thacher and Addison Gross.

His family wishes to thank the kind and loving care from the staff at Redwood Memorial Hospital. A very special thank you to Jon’s cousin Linda Hooper for her unwavering support and care to not only Jon but his family as well, we are forever grateful as was Jon.

A funeral mass will be held at St. Bernard’s Catholic Church on H Street in Eureka on June 7 at 10 a.m.

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Patricia Fay Goff (Pipgrass)
October 13, 1947 - May 9, 2023

Patricia was born in Laona, Wisconsin to Earl and Elsie Pipgrass on October 13, 1947. She passed away on May 9, 2023 at the age of 75 in Redding. She was preceded in death by sisters, Colleen Grunder of Port Byron, New York and Beverly Howen of Laughlin, Nevada, and her brother, Darrell Pipgrass of Glasgow, Kentucky.

When Pat was in 6th grade she came to Briceland to live with her sister and brother-in-law, Beverly and Bud Howen. She attended South Fork High School, where she met her future husband Kenneth Melvin Goff of Whitethorn. They dated all four years of her high school and were married June 26, 1965. They made their home in Whitethorn. Their daughter Tammy Fay was born May 12, 1966, followed by daughter Traci Lynn, June 5, 1968. Their son Scott Melvin was born April 8, 1970.

Pat was happy being a homemaker and stay at home mother to their three children. She enjoyed gardening and took pride in her beautiful yard with all kinds of flowers and plants. Kenny and his brother, Larry Goff, started a business together, K&L logging. Pat and her sister-in-law, Deanna Goff, did the bookkeeping for the business. For many years Pat and Deanna traveled together to and from the various work locations that K&L Logging took them to, oftentimes several hours from home.

Pat was a member of the Whitethorn Grange and attended church in Whitethorn. She also helped out at the local polling station in Whitethorn on election days. When her children started school she was often room mother, helping with class parties and field trips. Pat and Kenny enjoyed camping with their children, spending time at Shelter Cove - occasionally fishing, and having picnics on the beach. Pat loved to travel and took many trips with friends to various locations. She loved Hawaii and Mexico and also taking cruises. She had a group of close friends from high school that took trips with her. She was very good at planning and arranging fun excursions with her girlfriends. When her daughters were grown and able to travel with her, she enjoyed arranging mother-daughter trips too. She and Kenny loved being outdoors taking motorcycle rides on their Harley and enjoying many family houseboat trips on both Lake Trinity and Shasta.

From 1978 to 1979 Kenny and Pat built their dream home on the Mattole River in Whitethorn. She took an active role in designing and completing their beautiful cedar home. She developed a magnificent yard with many varieties of roses and other beautiful flowers, plants, and trees. Pat did a lot of canning including pears from their orchard and other fruits like peaches, etc. She was quite the cook when she wanted to be. Kenny always loved whatever she prepared.

In 2008 Pat and Kenny decided to move to Redding to be closer to medical care and more convenient shopping locations. They built another beautiful home together and once again established an exquisite yard with gorgeous plants, trees and lawn.

As time went on, her health issues took a toll on her. She had several spinal fusions but was always a trooper. She was stoic about her conditions and rarely complained.

Pat will always be remembered for her beautiful smile, laugh and how upbeat she remained, even when life got more difficult. She and Kenny had a wonderful relationship and always helped each other through the hard times. Pat and Kenny were regular church-goers, and her love of God and family were central to her being.

Pat is survived by her three children: Tammy Clary (Jimmy), Traci Carlson (Doug), Scott Goff (Laura), grandchildren: Kasandra Clark (Gary), Austin Clary (Kristen), Kaylee Ledesma (Edgar), Kelton Carlson (Sarah) & Kaya Goff, also exchange student granddaughter Bruna Cury-Borim (Artur), and great-grandchildren: Blaire Lynn Clark, Meadow Rose Clary, Elena Raine Ledesma, River Jaxon Clary, and Brooke Michael Clark. Pat is also survived by numerous nieces and nephews.

Pat’s ashes will be spread in Ettersburg. There will be a celebration of life Saturday, July 15, 2023 at 1 p.m. at the Mateel Community Center in Redway, 59 Rusk Lane. Food will be provided, but if you wish, you may bring a dessert.

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News! Humboldt County government looking at a billboard moratorium and a scary budget. Setbacks to the renovation of Da’ Yas (formerly 20/30) Park. Teacher of the year! Giant octopus! A look back at the Forest Moon Festival. Plus weather and poll results. 

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Press release from Eureka City Schools:

Eureka City Schools (ECS) is pleased to announce our Summer Community Meals program will continue in 2023.

Starting June 26, 2023 and spanning through August 11, 2023, children 18 years of age and younger can access free nutritious meals from four designated school sites, Monday through Friday. School sites participating in the Community Meals Program are Alice Birney Elementary - the ECS Primary Community Meals site, Washington Elementary, Zane Middle School, and Eureka High School.

Eureka City Schools encourages families and approved programs to access meals at the Primary Community Meals site - Alice Birney. As part of a new California Pilot program, meals are not required to be consumed on-site, if accessed from the Primary Community Meals site. Meals are available at Alice Birney from 11:30 AM to 1:00 PM.

Washington, Zane and Eureka High will also have access from 6/26/23 to 8/11/23. At these locations meals must be consumed on-site. Meals will be available from 12:00 PM to 12:30 PM at Zane and EHS, and 12:30 PM to 1:00 PM at Washington. These sites have a short time window because they are either directly before or after the site’s designated Summer School lunch period.

The ECS Summer Community Meals Program provides an opportunity to continue a child’s physical and social development while providing nutritious meals during vacation periods from school. Eureka City Schools takes food insecurity very seriously and understands how much good nutrition is essential for not only learning in school but for a child’s overall growth and development. Having consistent access to healthy food can stabilize energy, promote strong bones and teeth, improve mental health, help to maintain a healthy weight, prevent chronic diseases, and even reduce anxiety and give a child confidence.Our participation in this federally-funded program through the U.S. Department of Agriculture helps children stay connected to their community and return to school ready to learn.

Eureka City Schools is an equal opportunity provider. If you have any questions, please contact Food Services Director Kevin Ralston at (707) 441-2501. The Community Meals Menu (when it becomes available) and other Food Services information is posted at www.ecsnutritionservices.com.

Press release from the Humboldt County Office of Education:

Kelly Miller, an agriculture teacher at Arcata High School, has been named as the 2023 Humboldt County Teacher of the Year by the Humboldt County Superintendent of Schools, Michael Davies-Hughes.

“It is an honor to be selected as the 2023 Humboldt County Teacher of the Year,” Miller said. “It means a great deal to me to join many of my mentors and the talented educators who have received this award. Educators are essential in the development of our future. I am proud to be an educator.”

Miller was one of fifteen educators honored by the Humboldt County Office of Education with the Excellence in Teaching Award in May. The Excellence in Teaching Award recognizes classroom teachers from Transitional Kindergarten through 12th grade who have been identified as exemplary by their colleagues, students or school communities. Honorees must have a minimum of five years teaching experience.

Miller’s career began in 1996 as a first-grade teacher for Morris Elementary School. In 2015, Miller accepted the challenge of taking on an agriculture program at Northern Humboldt Union High School District that had seen a decline in enrollment. Under Miller’s leadership, the program has grown from 44 to 196 students over the past 8 years. The Arcata FFA Officer Team had this to say about Miller, “Mrs. Miller has demonstrated her dedication to our chapter in many ways by going above and beyond to serve and inspire our chapter and community. Mrs. Miller is devoted to her students and ensures that we all have access to amazing opportunities. She really cares about her students and gives them ample opportunities to succeed.”

Miller finds teaching students in this subject matter extremely rewarding as well.

“I say to people, ‘the best part of my job is that I don’t just teach a subject. I get to teach the whole student!’ I teach students skills that build direct relevance to the real world. Students leave my program with purchasing power, exposure to many different career choices, environmental sustainability, the confidence to speak in front of a group and the knowledge of how to shake a hand and look someone in the face when introducing themselves.”

As the Humboldt County Teacher of the Year, Miller now has the opportunity to be considered for the California State Teacher of the Year, traditionally announced in October.

Late last fall, a Southern California developer dropped more than a dozen mammoth building proposals on the city of Santa Monica that were all but designed to get attention.

The numbers behind WS Communities’s salvo of proposals were dizzying: 14 residential highrises with a combined 4,260 units dotting the beachside city, including three buildings reaching 18 stories. All of the towers were bigger, denser and higher than anything permitted under the city’s zoning code

City Councilmember Phil Brock attended a town hall shortly after the announcement and got an earful. A few of the highlights: “Godzilla next door,” “a monster in our midst” and “we’re going to never see the sun again.”

“‘Concerned’ would be putting it mildly,” Brock said of the vibe among the attendees. “A lot of them were freaked.”

As it turns out, freaking locals out may have been the point.

WS Communities put forward its not-so-modest proposal at a moment when it had extreme leverage over the city thanks to a new interpretation of a 33-year-old housing law. Santa Monica’s state-required housing plan had expired and its new plan had yet to be approved. According to the law, in that non-compliance window, developers can exploit the so-called builder’s remedy, in which they can build as much as they want wherever they want so long as at least 20% of the proposed units are set aside for lower income residents.

Over the last two years, local governments across California have had to cobble together new housing plans that meet a statewide goal of 2.5 million new units by 2030. At last count, 227 jurisdictions — home to nearly 12 million Californians, or about a third of the state population — still haven’t had their plans certified by state housing regulators, potentially opening them up to builder’s remedy projects.

That gives developers a valuable new bargaining chip.

WS Communities used its advantage in Santa Monica to broker a deal in which it agreed to rescind all but one of its 14 builder’s remedy projects in exchange for fast-tracked approval of 10 scaled-down versions.

“The builder’s remedy — the loss of zoning control, the ability of a developer to propose anything, Houston-style, whatever they want, no zoning regulations — that gets people’s attention,” said Dave Rand, the land-use attorney representing the WS Communities. “The builder’s remedy can be a strategic ploy in order to potentially leverage a third way.”

For the developer, the settlement — which still needs a final vote to fully be implemented — is a major win. But this use of a long-dormant law also represents a shift in the politics of housing in California, reflecting a new era of developer empowerment bolstered by the growing caucus of pro-building lawmakers in the Legislature.

“The old games of begging municipalities for a project and reducing the density to get there and kissing the ass of every councilmember and planning official and neighbor — that’s the old way of doing things,” said Rand. “Our spines are stiffening.”

WS Communities proposed several high-rise apartment towers in Santa Monica in the fall of 2022. It scaled back and rescinded some of the plans in a deal that expedited a set of 10 projects. Image via the Ottinger Architects proposal

It’s hard to know just how many builder’s remedy projects have been filed across the state. YIMBY Law, a legal advocacy group that sues municipalities for failing to plan for or build enough housing, has a running count on its website of 46 projects, though its founder, Sonja Trauss, admits that it’s an imperfect tally.

Some of the projects, like those in Santa Monica, are towers with hundreds of units. Others are more modest apartment buildings. Whatever the total, Trauss said it represents a significant uptake for a novel legal strategy.

“There were a lot of naysayers who were like ‘it’s too risky,’ ‘nobody knows what’s gonna happen,’ ‘nobody’s gonna do it,’ blah, blah, blah,” she said. “I feel vindicated. You know, people are trying it.”

But counting just the units proposed under the law misses its broader impact, said UC Davis law professor Chris Elmendorf.

Multiple cities rushed forward their housing plans this year, with city attorneys, city planners and councilmembers warning that failure to do so before a state-imposed deadline could invite a building free-for-all.

“All the action is in negotiation in the shadow of the law,” said Elmendorf. The law “may result in a lot of other projects getting permitted that never would have been approved because the developer had this negotiating chip.”

Rediscovering the California builder’s remedy

If it’s possible for someone to unearth a forgotten law, Elmendorf can rightly claim to have excavated the builder’s remedy.

The Legislature added the provision to the government code in 1990, but no one used it for decades. In the one case Elmendorf found where someone tried — a homeowner in Albany, just north of Berkeley, who wanted to build a unit in his backyard in 1991 without adding a parking spot — local planners shot down the would-be builder.

Elmendorf stumbled upon the long-ignored policy 28 years later while researching East Coast laws that let developers circumvent zoning restrictions in cities short on affordable housing.

He started tweeting about it. He even dubbed the California law the “builder’s remedy,” borrowing the coinage from Massachusetts.

“I think it’s fair to say that people in California had forgotten about the builder’s remedy almost completely until I started asking about it on Twitter,” he said. “​​I think those twitter threads led some people to say, ‘huh.’”

Among those who noticed: staff at the state Housing and Community Development department who began listing the “remedy” as a possible consequence of failing to plan for enough housing.

Why was the builder’s remedy largely forgotten? The text of the law is complicated and it’s only relevant once every eight years, when cities and counties are required to put together their housing plan. Plus, though it allows developers to ignore a city’s zoning code, it’s not clear that it exempts them from extensive environmental review, making the cost savings of using it uncertain.

But more importantly, up until recently, invoking the builder’s remedy — the regulatory equivalent of a declaration of war — was bad for business.

“The old games of begging municipalities for a project and reducing the density to get there and kissing the ass of every councilmember and planning official and neighbor — that’s the old way of doing things. Our spines are stiffening.”
— Dave Rand, land-use attorney

Historically, local governments have had sweeping discretion over what gets built within their borders, where and under what terms and conditions. Developers and their lawyers hoping to succeed in such a climate had to excel at what one land use attorney dubbed the art of “creative groveling.”

But in recent years, as the state’s housing shortage and resulting affordability crisis have grown more acute, lawmakers have passed a series of bills to take away some of that local control. In many cases, cities and counties are now required to approve certain types of housing, like duplexes, subsidized housing apartments and accessory dwelling units, as long as the developer checks the requisite boxes.

That’s all led some developers to rethink their approach to dealing with local governments — one that is less concerned with building bridges and isn’t so afraid to burn a few.

Santa Monica makes a deal

Santa Monica’s city council voted unanimously for the deal with WS Communities early last month — but grudgingly.

In exchange for the developer pulling its original proposals, the city agreed to a streamlined approval process for the new plans. The council also agreed to pass an ordinance to give the developer extra goodies on the 10 remaining projects.

If the city doesn’t pass the ordinance, according to the settlement, WS Communities has the right to revive the builder’s remedy for all 14 towers.

Councilmember Brock, elected in 2020 along with a slate of development-skeptics, was hardly a fan of the deal. But as he saw it, the prospect of a lengthy legal battle that the city’s attorney insisted Santa Monica would lose gave the council little choice. That didn’t make what Brock viewed as a hard-knuckle negotiating tactic any easier to swallow.

“I don’t believe for a minute that they ever planned to build all those projects,” he said.

A bulldozer on the corner of 7th Street and Colorado Avenue in Santa Monica on May 24, 2023. Photo by Zaydee Sanchez for CalMatters

Councilmember Caroline Torosis, who was elected last fall, laid the blame on the prior council for failing to pass a timely housing plan. Even so, she said the city had no choice but to reclaim control over its own land use from the developer.

“We were put in a difficult situation,” she said. “I think that this was absolutely the best negotiated settlement that we could have reached, but of course, they had leverage.”

Both Scott Walter, the president of WS, and Neil Shekhter, the founder of the parent company, NMS Properties, refused a request to be interviewed through their lawyer, Rand.

But in true property kingpin fashion, WS was able to flip these builder’s remedy proposals into things of even greater value: ironclad plans that it can build out quickly or sell to another developer.

“The builder’s remedy projects were anything but fast and certain,” said Rand. “This has been parlayed into something with absolute certainty and front-of-the-line treatment.”

Affluent California cities fight back

About an hour’s drive northeast of Santa Monica, the foothill suburb of La Cañada Flintridge recently rejected a builder’s remedy application.

During a May 1 hearing, Mayor Keith Eich stressed the city was “not denying the project.” Instead, they were denying that the builder’s remedy itself even applied to the city.

The argument: The housing plan the council passed last October complies with state law. California’s Housing and Community Development department rejected that version of the plan and has yet to certify a new one. But La Cañada’s city attorney, Adrian Guerra, argued at the hearing that the agency’s required changes were minor enough to make the October plan “substantially” compliant.

“You can’t just fight a losing battle. I think anybody who decides they’re gonna be an all star NIMBY is up for failure.”
— Phil Brock, Santa Monica City Councilmember

That’s not how state regulators see it. In March, the housing department sent the city a letter of “technical assistance.”

“A local jurisdiction does not have the authority to determine that its adopted element is in substantial compliance,” the letter reads.

Not so, said Guerra: “The court would make that determination.”

A number of cities across the state have made that argument. Among them are Los Altos Hills and Sonoma. Beverly Hills is already fending off a lawsuit contending that the law applies to that city, though it recently rejected a builder’s remedy project on extensive technical grounds.

It’s a question that’s almost certain to end up in court. A recent California’s Fifth Circuit Court of Appeal ruling offers legal fodder to both sides.

The April opinion ruled against the state housing department’s certification of the City of Clovis’ housing plan. That’s a point for those arguing that the word of state regulators is not inviolate. But the ruling also noted that courts “generally” defer to the state agency unless its decision is “clearly erroneous or unauthorized.”

Down the coast, the City of Huntington Beach isn’t relying on such legal niceties. In March, the city council passed an ordinance banning all builder’s remedy projects under the argument that the law itself is invalid. Days later, the Newsom administration sued the city.

But in Santa Monica, city council members didn’t see much upside in pushing back.

“You can’t just fight a losing battle,” Brock said. “I think anybody who decides they’re gonna be an all star NIMBY is up for failure.”

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