Blog Archives

July 2 – 8, 2019

Highlights this week:

BRATTON…Save the Circle Church, save the community. GREENSITE…Gillian on the Trip to Wales. KROHN…City dark in July? , wireless facilities, Janus wages, rental housing, homelessness, Homeless study from year 2000 reviewed. STEINBRUNER…thanks Chris Krohn, Soquel Pure Water OR clean water? Save Merriman House, Cannabis Permits, County Budget Hearings, Grand Jury reports county problems. PATTON…the Fourth Amendment. EAGAN…Joe Biden and Trump & family ties. JENSEN…Reviews Yesterday and Beehive. BRATTON…I critique Echo in the Canyon and Yesterday. UNIVERSAL GRAPEVINE GUEST LINEUP. QUOTES…”Fireworks”


                                 

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SANTA CRUZ FOURTH OF JULY PARADE 1927.For quite a few years some folks believed that this was a photo of the Ku Klux Klan marching in our town parade. The KKK did march in one of our parades and then hightailed it back to San Jose but not this one. We don’t have nearly as many public or city sponsered  events as we didin the good old days. Fear of crowds, I guess. Has it ever dawned on you like it has on me that nowadays the police are as afraid of us as we are of them? 

photo credit: Covello & Covello Historical photo collection.

FIREWORKS GONE WRONG. This one looks faked to me.

FIREWORKS UNDER ICE. A first for everything!

DATELINE July 1

SAVE THE CIRCLE AND THE CHURCH. Neighbors far and wide are getting it together in many new ways. They are trying to prevent the bucks up wanna be developers who call themselves The Circle of Friends llc. These money grabbing people bought the property for $3.3 million dollars and plan on tearing down the historic Errett Circle Community church. They plan on dividing the circle into pie shaped lots to build their huge houses.

The latest newsletter from the concerned neighbors group calling themselves Friends Of The Circles tell us that they now have more than 852 signatures and will get together and plan on a website, develop financial plans and add to their social organizing. Reach them and join them at FriendsoftheCircles@gmail.com .

To read their entire newsletter, go here. 

Never missing a chance to preserve our local history and community  Historic Preservation Commissioner and historian Ross Gibson has written a 59 page “Neighborhood Context Statement” all centered on Errett Circle. The would be developers state that they are starting weekly information meetings. The word “information” should be changed to sales-promotion meetings.


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July 1st 

NEWID TEULU CYMRU WALES FAMILY REUNION


Rees Family plus Mayor and other dignitaries

Presentation to Mayor of Caernarfon of a painting of Lionel Rees VC

The Rees family home within the castle walls

Caernarfon Castle, built by King Edward 1 in the 13th century to oppress and conquer the Welsh, was the site of a far more pleasant piece of history on June 21st. 2019.  

At the direction of the Royal Air Force, an RAF BAe 146 aircraft of Number 32 Squadron, was to be named after Group Captain Lionel Brabazon Rees VC, the first fighter pilot in World War 1, awarded the Victoria Cross in 1916 for bravery under fire, born and raised in Caernarfon in a 3-story stone house that still stands within the castle walls and who in 1932 sailed single-handedly in a 32 foot ketch to the Bahamas, where he eventually settled, married and had 3 children. Lionel was my great uncle and his children, my cousins, whom I had never met until this trip of a lifetime, made possible by the Royal Air Force and Welsh historian, Alister Williams.

Racism plays a central theme in the story. Lionel was undoubtedly shunned by other members of the Rees family, including my own, for marrying a black Bahamian woman. Growing up in Australia, I never heard my family speak of Lionel, despite his many honors and achievements. I previously wrote about the 2006 trip to Nassau in a single-engine Cessna my son and I made on a whim, to locate and pay our respects at Lionel’s gravesite, after reading Alister William’s book on Lionel, Against The Odds. We failed to locate any family members while in the Bahamas so were full of excitement with a touch of nervousness as we approached the Caernarfon museum where an exhibit commemorating Lionel’s life was on display. Three generations of the Rees family, fourteen in all attended. Hugs quickly erased any formalities and we found ourselves chatting like old friends.

The naming of an RAF aircraft for an individual is a rare honor. The last one was in 1968 so for this event, especially for a Caernarfon boy, the town was alive with anticipation. As I remarked on the natural beauty I was seeing across the straits to Anglesey from the top of the ancient Welsh Yacht Club, a local man explained that the view had not changed in a hundred years; in other words, no modern development. There had been attempts at development but they were stopped. So much for “change is inevitable.”  

The day of the naming of the plane dawned with blue skies and sunshine, a somewhat rare event for northern Wales. Also rare is my getting spiffed up for a formal event. A hat seemed in order so what luck to find a fascinator in a thrift shop in Caernarfon, even if I was the only Rees to wear one! The event was very moving, held in a hangar at the RAF base in Anglesey, across the Menai Straits from Caernarfon. Bilingual in Welsh and English, attended by the Mayor of Caernarfon and Group Commander of the Number 32 Squadron RAF (who happens to be a + woman) and other dignitaries. We were the guests of honor, and honored we felt. 

The second part of the day’s events included a fly-over in Caernarfon of the now newly named plane plus the telling of the story of Lionel’s life and extraordinary bravery. Then a short walk to visit the family home, which has been preserved and which now houses government offices. A singular feeling to be within the walls of the house where my great, great grandfather, James Rees lived, a successful publisher of an English and then a Welsh language newspaper and as I learned, quite a radical of his time, who twice served as Mayor of Caernarfon. 

Growing up with no extended family, no cousins, I feel blessed to connect at long last. To confront the divisive racism of the past and bring the family full circle into a loving wholeness suggests that, “people make history, though not under circumstances of their own choosing,” as another radical has written.  

Gillian Greensite is a long time local activist, a member of Save Our Big Trees and the Santa Cruz chapter of IDA, International Dark Sky Association  http://darksky.org    Plus she’s an avid ocean swimmer, hiker and lover of all things wild.

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July 1

“THE CITY GOES DARK IN JULY”
I remember when I first heard that phrase. It was just an off-the-cuff response to a question I posed about a planned neighborhood meeting and what we might do to prepare for it. No, I can’t do that before August, she said, because, you know, the city goes dark in July. I am still mildly stunned that such a phrase is employed inside of city hall. The city going “dark” presumably means that the city council will have no scheduled meetings during the month. It is perhaps a welcome respite too for both city staff and councilmembers. A time to catch up on all those unread emails and consultant reports; maybe brush up on the city’s General Plan, re-read the Brown Act and the Parks Master Plan, and plan to go to a conference or two to see how other cities do it. But believe me, the city will not be dark my friends. There is plenty to do and it is likely the job of the council to light a few candles too.

Last Council Meeting
There were some really fine discussions and votes at the June 25th Santa Cruz City Council meeting. One was a presentation by students from our Italian seaside sister city, Sestri Levante, which I visited several years ago. This city of 20,000 is 35 miles from Genoa. It’s balmier than Santa Cruz, the buildings stand closer to each other, and it crowds around the Mediterranean like a small municipal castle. Small boats dot the harbor and many aged,taller broad-shouldered structures have been built, unlike Santa Cruz, right up to edge of its narrow beach. But like Santa Cruz, the weather and mellow inhabitants make it relaxing and a fun place to be. Then, there was the “Small Cell Wireless Facilities” discussion in which the city council verbally pushed back on the wireless industry, but felt there was little we could do in the policy arena. We will enforce the 1500-foot separation between “facilities,” but it still will cost a member of the public $645 to appeal any of these antennas. This issue is fraught with great local, regional, and national implications. It is being fought out in Congress and will hopefully be revisited soon by the city council. There was unanimous support for better pay and working conditions for Janus of Santa Cruz workers as they move forward in their contract negotiations. They work in difficult conditions (no restroom for employees, for example) and many are paid abysmal wages. Some Janus staff are paid less than $14 an hour to counsel, console, and assist the most vulnerable members of our community, many who are dealing with drug and alcohol addiction and while others are experiencing mental health crisis’. These employees recently organized to join the National Union of Healthcare Workers We as a community can do better by these workers. The city council stands behind the Janus workers. The tenant community of Santa Cruz was again supported by a majority of councilmembers in passing the Recommendations for Data Collection Related to Rental Housing resolution. City staff received direction from Council and will now go out and collect data related to housing such as amount rent paid, rent increases, numbers of tenants and landlords, number of actual rental properties in the city, and maybe we can even get an estimate of the number of students living off the hill and inside of the city. Good luck, it seems like an exhausting and tedious task, but one that may yield valuable results as we continue to move on in our local brave new world of an SF Mime Troupe earlier production called, City for Sale. (By the way, mark your calendars because the Mime Troupe is coming to Santa Cruz on September 7 and 8 and will perform on the San Lorenzo Park benchlands. This year’s show is called, Treasure Island, and is written by Michael Gene Sullivan.)

Response to Homelessness
The evening session was dedicated to city council’s response to homelessness, aka another “task force,” and this one on top of the 2000 task force findings and the 2015 city council subcommittee work, not to mention the Housing Blueprint subcommittee’s report because after all, it is really all about the extreme cost of housing in Santa Cruz. All those results and recommendations are available and many have yet to be implemented. Do we need another task force? Maybe. Do we need to get up our courage and implement the findings and past recommendations of other taskforces? Yes. The stars are now aligned: the city and county have a grand opportunity to work together, to forge a real partnership, in addressing our historic houseless issues. Why? The state already sent over $10 million this past year to address the homelessness, mental health, and the addiction crisis. And guess what? Gov. Gavin Newsome just approved at least that much more for next year. So, this nine-member taskforce has its work cut out, not necessarily in bringing more recommendations, but in trying to compel and convince city council and city staff of the necessity and profound crisis we must address. Go taskforce, go! There was an unusual rub within the selection process of the current taskforce. There are currently zero homeless people directly involved in designing and carrying out a work plan for the taskforce. A long-ish discussion ensued on the council concerning this omission. Direction was finally given to the taskforce to appoint two people who are currently experiencing homelessness, but only if you want to. Three members of the city council said it was imperative to place houseless folks on the committee at the very beginning. The final vote was 4-3, the maybes won that one, but I think the taskforce will get it, and immediately appoint two more members from the homeless community.

Addendum

Here are the Homeless Taskforce 2000 recommendations still waiting to be implemented. Also, note below the members of that long-ago taskforce. Recognize any names? As you read the recommendations I ask you to consider, what has changed in 20 years?

The charge of the taskforce was:

The Homeless Issues Task Force was formed by the City Council to study homeless issues and to develop recommendations to ameliorate the conditions and conflicts relating to the homeless. Generally, our charge has been described in these terms: 

  1. 1)  the development of permanent year-round shelter for all segments of the homeless community; and
  2. 2) opportunities for improving currently provided services; and
  3. 3) the rights and responsibilities of homeless persons.

Interim Recommendations of the Task Force 

  • Shelter, housing and places to sleep 
    • We recommend that the Council acknowledge that camping and vehicular sleeping will not stop because of laws. We suggest that the City move to an approach that regulates camping and vehicular sleeping, while minimizing negative impacts. Some examples of this approach include development of programs for expanding vehicular sleeping, including: 
      • Creation of a modest, staffed program to match vehicular sleepers with legal locations in church and business parking lots.
      • Selection of legal parking areas on public streets or parking lots away from residences for overnight parking.
      • Creation of a system of permits for sleeping in vehicles which is simple, free for those in need and avoids labeling anyone homeless.
      • Extension of the 3-day time limit for sleeping in a vehicle parked in a driveway with permission from the permanent residents there.
      • Creation of a conventionally managed public campground in the City of Santa Cruz which would exist for both tourist and homeless campers. Revenue from tourists would help to allow subsidy of very low-income campers.
      • We recommend that the City work toward year-round availability of the Armory with zero or low rent, recognizing that Armory-style emergency shelter has many limitations. This would begin with an emphasis on working at the state level to make it possible to use the armory year-round.
      • We suggest that the City work toward creation of a shelter for families with children. 
      • We recommend that the City work toward creation of an additional shelter site for the ISSP program that would be available 24-hours a day, 365 days a year, to be used flexibly by the program to meet special needs not currently met by church and Armory sites.
      • We recommend that the City help create a home-matching program for homeless families and households willing to accommodate them.
  • Substance abuse treatment?
    • We recommend that the City, with other entities, work to develop a new residential substance abuse treatment facility geared specifically to meet the needs of homeless persons with a history of chronic substance abuse. The recent loss of two long-time homeless residents due to the effects of substance abuse, one of whom had been seeking treatment in vain in the last days of his life, underline the desperate need for these services. The task force will be providing information on models, potential funding sources, and potential collaboration partners, and also recommendations on the preferred features of such a treatment program.
    • We recommend that the City work to expand opportunities for treatment with a goal of treatment on demand, so that “windows of opportunity” are not lost.
    • We recommend that the City work to provide a small “safe haven” drop-in shelter for those not able to enter more structured shelter programs, with tolerance for active substance users. This project would include explicit outreach to high-risk individuals.Supportive Services 
    • We recommend that the City help create an independent “ombudsperson” position for homeless people to receive, document and assist with complaints related to homeless services (both agencies and governmental). The person in this position would also refer homeless people to appropriate services and/or agencies and document service shortages when there is no referral available.
    • We recommend that the City help create a homeless persons day labor program located at the Coral Street site.
    • We recommend that the City help assist in the creation of a small job training and employment enterprise for homeless people. 
  • Legal and Law Enforcement Issues 
    • We recommend that the City work with other jurisdictions to reconcile differences between the Camping Ordinance provision related to community service for violations and existing Court practices. These differences preclude violators from performing community service for camping violations. 
    • We wish to inform the City of our successful involvement in upgrading the hourly calculations used by the court referral program, Community Options, from five to seven dollars per hour. 
    • We recommend that the Police Department make an effort to eliminate the appearance of selective enforcement of the “downtown ordinances” and other ordinances which are often enforced against persons who appear to be homeless but not enforced against people who appear to be well-dressed and affluent. 
    • We recommend the Police Department adopt a consistent policy of not citing or arresting people for typically homeless-related violations when they approach the police to report violent crimes. 
    • We recommend that the Police Department adopt a method of gathering specific data and tracking of crimes against homeless people. 
    • We recommend revision of laws which prohibit scavenging of recyclables since this is often a source of income for homeless individuals. 

Finally, we would like to note the enormous magnitude of issues contained in the assignment given to the task force. There is no way a group such as this can do justice to the assignment in a six-month period, with part-time staffing. We respectfully request that the City Council consider extending the life of this task force and creating a permanent advisory body dedicated to the hardest issues. 

Respectfully submitted by: 

Linda Lemaster, Nancy Anecito, Sherry Conable, Lucy Kemnitzer, Don Lane, Ken Cole, Paul Brindel, Peter Eberle, Thomas Leavitt, Tom Nedelsky, Timote Peterson, Christine Sippl, Marilyn Weaver, Mel Nunez, Laura Tucker

Alexandria Ocasio-Cortez (on her visit to the migrant detention camps along the US-Mexico border)

“9,500 CBP officers sharing memes about dead migrants and discussing violence and sexual misconduct towards members of Congress. How on earth can CBP’s culture be trusted to care for refugees humanely? PS I have no plans to change my itinerary & will visit the CBP station today.” (July 1)

note: CPB is Customs Border Protection.
  

(Chris Krohn is a father, writer, activist, and was on the Santa Cruz City Councilmember from 1998-2002. Krohn was Mayor in 2001-2002. He’s been running the Environmental Studies Internship program at UC Santa Cruz for the past 14 years. He was elected the the city council again in November of 2016, after his kids went off to college. His current term ends in 2020.

Email Chris at ckrohn@cruzio.com

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July 1

THANK YOU CITY COUNCILMEMBER CHRIS KROHN
Many thanks to Councilmember Chris Krohn for pulling Consent Agenda Item #24 on last Tuesday’s City Council agenda to support government transparency and good public discussion of a very controversial issue: Soquel Creek Water District’s plan to inject millions of gallons of treated sewage water into the MidCounty residents’ drinking water supply.  Had it not been pulled and publicly discussed, the 35-year agreement between the District and City Wastewater Treatment Facility that is necessary for the Pure Water Soquel Project would have been silently approved, even though the full Water Commission and Transportation & Public Works Commission would have never seen the final draft of the proposed agreement, because it was all “worked out” behind closed doors. 

Soquel Creek Water District staff showed up in full force, with 10 or more staff and three Directors in the audience.  There were also some unknown attendees that were obviously there to help push the agreement through.  Most of the written correspondence in support of the agreement were from a local service group that the District General Manager, Ron Duncan, frequents.  There were some oppositional letters as well, asking for postponement to August to allow full public vetting by the two City Commissions. 

As the Petitioner who has filed Pro Per legal action under citizen standing for the public benefit as a Petition for Writ of Mandate (just asking the District to follow the CEQA law, please), I thought it interesting that the attorney for Soquel Creek Water District, Mr. Robert Bosso, assured the Council that “Ms. Steinbruner is the only one who has filed a complaint about this Project.”  Well, I suppose that is true, but I speak for perhaps thousands in the MidCounty Basin who are opposed to the District injecting treated sewage water into their drinking water.  

I also speak for the voiceless habitats that would be destroyed with the 18 stream crossings, necessitating relocation of endangered species within 100 feet of the clearing for equipment staging, as well as the health of the Purisima Aquifer itself.  Once it is fouled, there is no going back. Because the meeting agenda was so full, the Council took public comment on the item then postponed action on the item until the end of the afternoon’s agenda….nearly four hours later.  Without any discussion, the Council approved the agreement. 

At least there was public comment….and hopefully let the Council know this controversial issue is not going away. 

HISTORIC PRESERVATION GETS TWISTED TO SUIT PROJECT APPLICANTS
The County Historic Resources Commission met Monday to discuss the fate of the historic Merriman House in Live Oak.  There is a large development planned for that spot at 1438 Capitola Road, and Mid Peninsula Housing wants to bulldoze the historic house where Robert Merriman spent part of his life. Robert Merriman became a significant volunteer to fight fascism in the Spanish Civil War, and was the role model for Ernest Hemingway’s protagonist Robert Jordan in “For Whom the Bell Tolls”. 

MidPen Housing wants to bulldoze that history.   At the request of the County Historic Resources Commission, ARG Consultants (on contract with the County), reviewed the historic significance of the house and property.  Because there is another location in Berkeley (2517 Virginia Street) that Mr. Merriman also lived, it is allowable to bulldoze the Santa Cruz home. 

Luckily, Commissioner Carolyn Swift asked the question about the status of this Berkeley property.  Planner Ms. Annie Murphy said the property is not historically protected.  The Chairman of the Santa Cruz City Historic Preservation Commission, Mr. Joe Michalak, was in the audience, and testified that he had investigated the status of the Berkeley property, a 9-unit apartment building that has been modified and would most likely not meet criteria for historic preservation. 

The real issue, Mr. Michalak and the Commission discussed, is WHEN WILL CEQA PROCESS BEGIN ON THE PROPOSED MIDPEN HOUSING PROJECT?  It is critical that the public know when to submit comment that can be included in an administrative records of the proceedings of the Project, and under Public Resources Code 15064.5, the lead agency (which most likely would be the County) has the discretion to change historic designation of structures impacted by a project. 

I also spoke about the agricultural significance of the property, in that it established the small “ranchettes” of the Live Oak area that lead to Santa Cruz County becoming the second-most-significant poultry producing county in the State in the early 1900’s, with Petaluma leading.
The MidPen Housing representative that spoke assured the Commission that there would be an interpretive panel, size unknown, that would relay the historic significance of the property to the public.  Hmmmmm….. 

The Commission took no action on this matter, but asked to be kept informed of any environmental review on the property.

Here is a link to the July 1 County Historic Resources Commission agenda and documentation

Here is a link to what the Berkeley apartment building looks like, with modern windows and other alterations 

Here is a link to Public Resources Code 15064.5 regarding California Environmental Quality Act (CEQA) and historic preservation 

Here is a link to the public comments re: this Project 

Given the County has authorized $400,000 to hire a consultant to do an EIR on the Sustainable Santa Cruz County Plan, I think we all need to be learning about the CEQA process and what we can do to preserve our historic and cultural resources.  As Supervisor John Leopold recently said “The Santa Cruz County Plan will enable us to look at development in the County in ways that are different than what has been done in the last 40-50 years.”  

Watch out….here come the bulldozers.

NEWS ABOUT CANNABIS CULTIVATION LICENSES
The Santa Cruz Planning Department has issued the first permit for an outdoor cultivation operation in the county.  A level 3 Administrative permit for 115,000 sf of outdoor cultivation on a CA zoned property near Corralitos was granted to a client of the land use planning firm, Swift Consulting Inc. according to Ken Hart.
It has taken a very long time for the County to issue this FIRST PERMIT, which has encouraged the black market trade, and discouraged those who paid a lot of money and stepped forward to get a license to cultivate cannabis.  The County budget really depended on getting at least $1 million in revenue from this industry alone.  

A STUNNING FINALE TO COUNTY BUDGET HEARINGS
The County Board of Supervisors approved the $827 Million County Budget on the final Budget Hearing day last Tuesday, June 25.  The approved adding $15.2 Million in supplemental reports, $4 Million in Last Day Reports, and $1 Million in Concluding Reports.  The Board authorized the County Administrative Officer (CAO) Carlos Palacios and Auditor-Controller, Edith Driscoll, to move things around pretty much as they please to make it all balance….we hope.

Despite the passage of a new half-cent countywide sales tax last fall, the County budget still faces a $6-$12 Million deficit in 2020-2021.  Is it wise to bump up the expenditures now by an additional $20+Million? 

Here is the link to the Final Day Budget Report, and the link to the final budget hearing agenda is here  

 GRAND JURY REPORTS LOCAL GOVERNMENT ISSUES
The County Civil Grand Jury is now releasing the reports of their investigations into various issues of governmental problems. 
Take a look here and read them when you can

The report “How Complex Public Defense Contracts Misled County Leaders” looks especially interesting  

Write a letter to the Editor of the Santa Cruz Sentinel, and let others know your thoughts.  There is strength in numbers, you know.

MAKE ONE CALL.  WRITE ONE LETTER.  ATTEND A PUBLIC MEETING.  MAKE A BIG DIFFERENCE.   BUT JUST DO SOMETHING.Cheers,Becky 

Becky Steinbruner is a 30+ year resident of Aptos. She has fought for water, fire, emergency preparedness, and for road repair. She ran for Second District County Supervisor in 2016 on a shoestring and got nearly 20% of the votes.

Email Becky at KI6TKB@yahoo.com

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June 30 #181 / Good Faith And The Fourth Amendment

Timothy Carpenter robbed a lot of banks, but no one in any of the banks he robbed could ever identify him. Those who saw him just knew Carpenter as “some guy” who was involved in the robberies. In view of that, how did the authorities know Carpenter was involved, and ultimately pin the crimes on him? 

Well, and there is a lesson here for all of us in Carpenter’s story, Carpenter had a cellphone (maybe you have one, too). As you may or may not realize, cellphones work by maintaining frequent and automatic contact with cellphone towers, and the phone companies that provide cellphone service maintain a record of the contacts that every cellphone has with every cellphone tower with which it is ever in communication. Thus, any individual who uses a cellphone (including you and me), and who carries it around, is providing his or her cellphone company with a complete and documented map of where the cellphone user has been, and at what times. This map is pretty accurate, too, and this is the information that allowed law enforcement officers to pin the bank robberies on Carpenter. When the banks were being robbed, Carpenter’s cellphone records proved he was in the immediately vicinity. It couldn’t have been a coincidence, either, since there were LOTS of banks in what was an ongoing robbery spree, and Carpenter was there in every case!

Here is where the Fourth Amendment to the United States Constitution comes into the story. As you may remember, the Fourth Amendment protects us from “unreasonable searches and seizures.” Generally speaking, if law enforcement wants to use evidence in a criminal prosecution, that evidence must have been obtained after an impartial magistrate has issued a search warrant, based upon probable cause. In Carpenter’s case, there was obviously no probable cause to arrest him until AFTER law enforcement officials reviewed his cellphone itinerary, and law enforcement didn’t get any search warrant to obtain those cellphone records; they just asked the phone company, which turned over the records to them.

Carpenter sought to exclude the evidence obtained from the cellphone companies on the basis that asking the phone companies for this data, without a warrant based on probable cause, was an “unreasonable search and seizure.” When evidence has been obtained without a warrant, and is based on an unreasonable search and seizure, the courts will exclude the evidence. In a 5-4 decision, the Supreme Court decided that that the cellphone record evidence should be excluded. So, case over! At leasrt, that is what I thought when I read the Carpenter decision, which was handed down by the Supreme Court in June 2018.

A recent New York Times opinion editorial has provided an update, reporting that a Federal Circuit Court recently decided that the cellphone evidence can be used against Carpenter, after all, despite the 2018 Supreme Court ruling, because law enforcement officers were acting in “good faith” when they obtained the cellphone evidence from the phone company. In other words, until the Supreme Court ruled, law enforcement officers had every reason to think it was just fine to ask the phone companies, as “third parties,” to provide the evidence that could be used against Carpenter. Implicitly, the court ruled that the Supreme Court’s decision was prospective only.

The so-called “good faith” exception to the exclusionary rule has been expanding. More and more, the courts are deciding that illegally-obtained evidence can, in fact, be used against accused persons, because the law enforcement officers didn’t really know that they were obtaining evidence illegally. If law enforcement acts in “good faith,” the failure to follow constitutional requirements isn’t a bar to using the evidence.

Frankly, I don’t find that “good faith” exception to show much “good faith” to citizens, who shouldn’t be incarcerated for life (Carpenter’s fate, apparently) when the evidence used to convict then has been obtained contrary to the protections provided by the Fourth Amendment.

Gary Patton is a former Santa Cruz County Supervisor (20 years) and an attorney for individuals and community groups on land use and environmental issues. The opinions expressed are Mr. Patton’s. You can read and subscribe to his daily blog at www.gapatton.net

Email Gary at gapatton@mac.com

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EAGAN’S SUBCONSCIOUS COMICS. More inside peeks that keep us exactly who we are. Scroll lower down.

EAGAN’S DEEP COVER. See Eagan’s “Trumps’ Type” down a few pages. As always, at TimEagan.com you will find his most recent  Deep Cover, the latest installment from the archives of Subconscious Comics, and the ever entertaining Eaganblog

BOOMERIA, CATACOMBS AND ORGANS. 
Boomeria returns! Santa Cruz Baroque Festival’s yearly celebration of music, science, food and fun will take place Saturday July 13, from 1-5 pm. The Kingdom of Boomeria is a monument to physics and whimsy located in the redwood forest of Bonny Doon, and a treasure of our region. Containing a multitude of delights for all ages, it has been built and maintained by San Lorenzo Valley High science teacher Preston Boomer, AKA “Boom”, whose delight in aesthetics, physics, and fun is evident around every corner. A centerpiece of the festivities is the magnificent Baroque-style tracker organ built into a charming chapel. Santa Cruz Baroque Festival favorites Vlada Moran, William Visscher and others will perform on this unique instrument. Interested visitors will be invited to observe the workings of the organ, peering below the surfacet o see how its manuals and bellows work to create its glorious sound. A few brave individuals may be allowed to play after the official program. 

Tickets available at scbaroque.org.

MUSICAL SAW FESTIVAL. Festival of the Saws was started Sept. 1, 1978. Marghe McMahon, the young woman/student who created the statue of Tom Scribner, did most of the organizing. The International Musical Sawplayers Association established their website in 1994. They publish the sawplayer’s newsletter and also present the annual “Saw Player’s Picnic and Music Festival” on the 2nd full weekend in August, with a Saturday afternoon jam in Santa Cruz and the evening potluck/jam as well as the Sunday festival at Roaring Camp in Felton, California

Here are the details:

42nd Annual Saw Festival August 10-11, 2019

August 10, 2019

2:00 pm Open jam at the Scribner Statue, 1520 Pacific Avenue, Santa Cruz, CA
6:30 pm Potluck and jam at Roaring Camp outer parking lot in Felton, CA.

August 11, 2018

10:00 am – 5:00 pm Festival and contest at Roaring Camp in Felton, CA.
11:00 am Musical Saw Contest on the Main Stage.

The 42nd annual Saw Contest, the longest running saw contest in the world, will crown our 2019 champion.

LISA JENSEN LINKS. Lisa writes: “The ’60s are having a moment right now, at least, the music of the ’60s, with the Beatles-themed movie Yesterday and the Cabrillo Stage season opener, Beehive. Will your mind be blown? Find out this week at Lisa Jensen Online Express (http://ljo-express.blogspot.com )!” Lisa has been writing film reviews and columns for Good Times since 1975.

YESTERDAY. Imagine if the entire world forgot who the Beatles were except for one pretty good mguitarist and singer of Indian heritage. An excellent feel good movie that has a fun plot, the grestest Beatle songs and good acting. Go see it especially if you have forgotten how much those songs affected you when their albums were first released.

ECHO IN THE CANYON. Grand memories of the 1960’s popular music scene. Jakob Dylan (Bob’s son) and singer with the Wallflowers produced this documentary but is a full dud on screen. It’s also a huge tribute to the Beachboys and what they added to our culture. See it quickly.

THE LAST BLACK MAN IN SAN FRANCISCO. An excellent, touching film about two close buddies who face the changing city…and the world. Great footage of THE CITY and a story that will have you thinking about it for days or longer. The story of love of an old San Francisco house, and everything that surrounds it. Don’t miss it.  

P.S. Lisa Jensen tells me that the director Joe Talbot is 1940’s-50’s movie star bad guy Lyle Talbot’s grandson. 

LATE NIGHT. Don’t believe the “dramatic comedy” label the distributers put on this no laugh drama with Emma Thompson as a failing late night tv host, and the always dependable John Lithgow as her husband and protector. Predictable, unrewarding, lack of direction. Emma is a favorite of mine but she just mugs her way through this one.

THE DEAD DON’T DIE. Jim Jarmusch has always been talked about as some sort of great director but not by me. Somebody could make a hilarious zombie comedy…the world needs one, and this isn’t it. Too much killing going on in our real world, is it because violence is too present now?  I’m not sure but even when you add a cast like Bill Murray, Adam Driver, Chloë Sevigny, Tilda Swinton, Iggy Pop, Steve Buscemi, and Tom Waits you have barely a few snickers. 

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UNIVERSAL GRAPEVINE. Each and every Tuesday from 7:00-8:00 p.m. I host Universal Grapevine on KZSC 88.1 fm. or on your computer, (live only or archived for two weeks… (See next paragraph) and go to WWW.KZSC.ORG. Listen on July 2 when Laura Bishop exec dir. of the 418 Project discusses the proposed development on Front Street. She’s followed by Anita Webb who’ll cover the problems of that monstrosity being proposed by, and across from, the Dream Inn. July 9 has Ken Koenig and friend talking about Santa Cruz Indivisible’s 7/12 rally “Lights for Liberty”. OR…if you just happen to miss either of the last two weeks of Universal Grapevine broadcasts go herehttps://www.radiofreeamerica.com/schedule/kzsc   You have to listen to about 4 minutes of that week’s KPFA news first, then Grapevine happens. Do remember, any and all suggestions for future programs are more than welcome so tune in, and keep listening. Email me always and only at bratton@cruzio.com 

UNIVERSAL GRAPEVINE ARCHIVES. In case you missed some of the great people I’ve interviewed in the last 9 years here’s a chronological list of some past broadcasts. Such a wide range of folks such as  Nikki Silva, Michael Warren, Tom Noddy, UCSC Chancellor George Blumenthal, Anita Monga, Mark Wainer, Judy Johnson, Wendy Mayer-Lochtefeld, Rachel Goodman, George Newell, Tubten Pende, Gina Marie Hayes, Rebecca Ronay-Hazleton, Miriam Ellis, Deb Mc Arthur, The Great Morgani on Street performing, and Paul Whitworth on Krapps Last Tape. Jodi McGraw on Sandhills, Bruce Daniels on area water problems. Mike Pappas on the Olive Connection, Sandy Lydon on County History. Paul Johnston on political organizing, Rick Longinotti on De-Sal. Dan Haifley on Monterey Bay Sanctuary, Dan Harder on Santa Cruz City Museum. Sara Wilbourne on Santa Cruz Ballet Theatre. Brian Spencer on SEE Theatre Co. Paula Kenyon and Karen Massaro on MAH and Big Creek Pottery. Carolyn Burke on Edith Piaf. Peggy Dolgenos on Cruzio. Julie James on Jewel Theatre Company. Then there’s Pat Matejcek on environment, Nancy Abrams and Joel Primack on the Universe plus Nina Simon from MAH, Rob Slawinski, Gary Bascou, Judge Paul Burdick, John Brown Childs, Ellen Kimmel, Don Williams, Kinan Valdez, Ellen Murtha, John Leopold, Karen Kefauver, Chip Lord, Judy Bouley, Rob Sean Wilson, Ann Simonton, Lori Rivera, Sayaka Yabuki, Chris Kinney, Celia and Peter Scott, Chris Krohn, David Swanger, Chelsea Juarez…and that’s just since January 2011. 

QUOTES. “Fireworks”
“And she learned that you couldn’t stockpile anything that mattered, really. Feelings, people, songs, sex, fireworks: they existed only in time, and when it was over, so were they.” Garth Risk Hallberg, City on Fire 
“There should be fireworks at last, when a dream dies.”  Kirby Larson 
“One example of a solid but inexplicable fact, ruling all human affairs – your fireworks won’t go off while the crowd is around.”J. K. Jerome, Second Thoughts of an Idle Fellow 


COLUMN COMMUNICATIONS. Subscriptions: Subscribe to the Bulletin! You’ll get a weekly email notice the instant the column goes online. (Anywhere from Monday afternoon through Thursday or sometimes as late as Friday!), and the occasional scoop. Always free and confidential. Even I don’t know who subscribes!!

Snail Mail: Bratton Online
82 Blackburn Street, Suite 216
Santa Cruz, CA 95060

Direct email: Bratton@Cruzio.com
Direct phone: 831 423-2468
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