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HomeMy WebLinkAbout04.27.21 Public Comment Packet Clerk of the Board Andy Pickett Chief Administrative Officer and Clerk of the Board 25 County Center Drive, Suite 200 T: 530.552.3300 buttecounty.net/administration Oroville, California 95965 F: 530.538.7120 Members of the Board Bill Connelly | Debra Lucero | Tami Ritter | Tod Kimmelshue | Doug Teeter MEMORANDUM DATE: April 28, 2021 RE: Public Comment Submitted for April 27, 2021 Butte County Board of Supervisors Meeting Pursuant to current State Public Health directives to shelter-in-place and practice social distancing due to the COVID19 pandemic, and as authorized by Governor Gavin Newsom’s Executive Orders N-25-20 and N-29-20, the meeting was closed to the public and all non-essential County staff. Members of the public were encouraged to participate remotely from a safe location by submitting comments electronically or by registering to speak live via the online platform WebEx. Enclosed please find all public comment submitted for the April 27, 2021 Board of Supervisors Meeting. Shaina Paulsen Administrative Assistant, Senior Clerk of the Board Andy Pickett Chief Administrative Officer and Clerk of the Board 25 County Center Drive, Suite 200 T: 530.552.3300 buttecounty.net/administration Oroville, California 95965 F: 530.538.7120 Members of the Board Bill Connelly | Debra Lucero | Tami Ritter | Tod Kimmelshue | Doug Teeter MEMORANDUM DATE: April 28, 2021 RE: Public Comment Submitted for April 27, 2021 Butte County Board of Supervisors Meeting Consent Agenda Items Pursuant to current State Public Health directives to shelter-in-place and practice social distancing due to the COVID19 pandemic, and as authorized by Governor Gavin Newsom’s Executive Orders N-25-20 and N-29-20, the meeting was closed to the public and all non-essential County staff. Members of the public were encouraged to participate remotely from a safe location by submitting comments electronically. Enclosed please find all public comment related to the Consent Agenda at the April 27, 2021 Board of Supervisors Meeting. Shaina Paulsen Administrative Assistant, Senior From:Clerk of the Board To:Alpert, Bruce;Bennett, Robin;Clerk of the Board;Connelly, Bill;Cook, Holly;Cook, Robin;Kimmelshue, Tod; Lucero, Debra;Paulsen, Shaina;Pickett, Andy;Ring, Brian;Ritter, Tami;Rodas, Amalia;Sweeney, Kathleen; Teeter, Doug Cc:Ramsey, Michael;Messina, John;Hatcher, Casey;Pack, Joshua;Nuzum, Danielle Subject:FW: Public Comment Item #3.03 DA Settlement Fund 3.03 and 3.04 Date:Monday, April 26, 2021 11:46:22 AM Please see public comment below pertaining to Item 3.03 & 3.04 on the 4/27 Board of Supervisors Meeting. Shaina Paulsen Administrative Assistant, Senior Butte County Administration 25 County Center Drive, Suite 200 Oroville, CA 95965 T: 530.552.3304 | F: 530.538.7120 From: acasler@sustainabilitymc.com <acasler@sustainabilitymc.com> Sent: Monday, April 26, 2021 7:48 AM To: Clerk of the Board <clerkoftheboard@buttecounty.net> Subject: Public Comment Item #3.03 DA Settlement Fund 3.03 and 3.04 ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening .. attachments, clicking on links, or replying. For public comment on Agenda 3.03 4-27-21 Supervisor Meeting Hello Board of Supervisors and County Admin, You have been navigating many emergencies these past three years and I am proud of many accomplishments. The funds from the PG&E Settlement from the DA’s office were very meaningful to the people who lost their loved ones and to hold PG&E accountable for their felony. I now question after reading the agenda if the county brought criminal charges against PG&E as another source of revenue for the county or as restitution for the families that lost loved ones? This pot of funding should go to a trust in which each family who lost a loved one can file an application for restitution. This is blood money for murder. In a criminal case these funds would go directly to the families and the people with great bodily injury! So please, take the administration fee of 4% to handle this and then take care of your people with the rest, or just use the interest earned on the funds to pay for admin. They can never replace their loved ones. No amount of money can negate their grief. Injured citizens have hospital bills and long recoveries in front of them like Terra Hill. The Fire Victim’s Trust is their civil tort claim, these criminal restitution claims should also go to them. Whatever these folks receive from the FVT is completely separate from this criminal conviction. This is the morally right decision to make for this pool of money. If you must take their restitution payment in complete disregard for how offensive this is to the families and injured citizens, then perhaps you can consider recovery efforts in the following ways: 1. Concow and the county areas in between Paradise can use a lot of help recovering from roads, to schools, to residents, trees, broadband, you name it! 2. Magalia’s Skyway is marred with burn scars from the cars abandoned on the roadway. Please name this section of the roadway in honor of all the lives lost. 3. Stilson Canyon needs help with trees on private lands. 4. Butte Creek Canyon needs their road repaired. 5. Butte Valley needs permanent fire breaks. Perhaps each supervisor is allocated some funding for their district to take on one project. I realize that this money may not fund any one of these projects, but it is a good down payment on a grant to match funds. I watched the entire criminal proceeding and watched PG&E plead guilty as each person’s name was called. I was so grateful that the county stepped up to put PG&E on record as a felon and assumed that the restitution would go to the families. Please do the right thing and take care of your people, especially with this set of funding. Thank you, Angela Angela Casler Principal Sustainability Management Consulting www.sustainabilitymc.com 530-513-2934 From: acasler@sustainabilitymc.com <acasler@sustainabilitymc.com> Sent: Sunday, April 25, 2021 9:51 AM To: Teeter, Doug <DTeeter@buttecounty.net>; 'BConnelly@ButteCounty.net' <BConnelly@ButteCounty.net>; Ritter, Tami <TRitter@buttecounty.net>; 'Lucero, Debra' <DLucero@buttecounty.net>; 'TKimmelshue@buttecounty.net' <TKimmelshue@buttecounty.net> Subject: DA Settlement Fund 3.03 and 3.04 Supervisor Teeter and Connelly, I am just reading the agenda for the upcoming supervisor meeting and am appalled to learn of two agenda items below. The PG&E Settlement Fund should go to the families of those who lost loved ones where PG&E pled guilty! This is blood money and belongs to the families who will never recover their family members. I also disagree with 3.04 item on the agenda, please use all funds for disaster recovery. We have many roads to fix from trucks and fire, and we have many areas that still need tree clearing, we need programs to help our residents put a roof over the heads, not fund pensions and safety. Due to the short timing of the email prior to the meeting, I do not expect a reply. I will be posting these two items to the community to comment on and request to attend the meeting as well as ecomment. I want to be proud of our county and this makes me sick to my stomach that you are doing exactly what TOP has done with the money instead of the helping the countless people who are rebuilding their lives, this money belongs to recovery. 3.03PG&E Settlement Fund Policy Butte County received a $252 million settlement from PG&E whose criminal negligence resulted in the Camp Fire. The County’s net settlement revenue after attorney’s fees was $204.4 million. At the Fiscal Year (FY) 2020-21 budget hearings on July 21, 2020, the Board of Supervisors directed that a new fund called the "PG&E Settlement Fund" be established and the settlement funds be committed to County stability, hazard mitigation, and recovery. The use of the PG&E Settlement Fund is at the sole discretion of the Board of Supervisors. County Administration recommends the Board approve a PG&E Settlement Fund Policy for the use of these funds. The proposed policy states the PG&E Settlement Fund be used for County stability, hazard mitigation and recovery as directed by the Board on July 21, 2020. Recognizing that there are more worthy projects and uses of the PG&E Settlement Fund than there are funds available, the policy states projects that address direct impacts from the Camp Fire, leverage outside funds and/or have a high level of urgency will be given priority. County Departments, on their own or at the Direction of the Board, will submit project proposals to the Chief Administrative Officer to have the use of PG&E Settlement Funds considered. The Board of Supervisors must approve any use of PG&E Settlement Funds. (County Administration) Action requested - APPROVE PG&E SETTLEMENT FUND POLICY 3.04Budget Adjustment - PG&E Settlement Fund On March 9, 2021, the Board of Supervisors approved four recommendations to use PG&E Settlement Funds toward County’s financial stability initiatives including the use of PG&E Settlement Funds as cash flow to prepay the annual unfunded liability payment which will be repaid to the fund annually with interest, as well as the contribution of $20 million to the Safety Pension Trust which is projected to stabilize the County’s public safety pension costs over the next 14 years. To implement these actions staff recommend the Board approve the CalPERS prepayment for FY 2021-22, and approve the budget adjustment appropriating $20 million in PG&E Settlement Funds for payment to the Safety Pension Trust. (County Administration) Action requested - 1) APPROVE THE PREPAYMENT OF THE UNFUNDED LIABILITY PAYMENT AS DETAILED IN THE STAFF REPORT; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED) Thanks, Angela Angela Casler Principal Sustainability Management Consulting www.sustainabilitymc.com 530-513-2934 From:Paulsen, Shaina To:BOS Cc:Ramsey, Michael;Hatcher, Casey Subject:Email Public Comment Item 3.03 & 3.04 - FW: DA Settlement of PG&E Should Go to Families that Lost Lives & Actual Work - Public Comment Date:Monday, April 26, 2021 11:41:25 AM Please see public comment below pertaining to Item 3.03 and Item 3.04 on the 4/27 Board of Supervisors Meeting. Shaina Paulsen Administrative Assistant, Senior Butte County Administration 25 County Center Drive, Suite 200 Oroville, CA 95965 T: 530.552.3304 | F: 530.538.7120 From: Christina Taft <taftchristina.ceo@gmail.com> Sent: Sunday, April 25, 2021 12:12 PM To: Clerk of the Board <clerkoftheboard@buttecounty.net> Cc: alexdise@yahoo.com; Angela M Casler <acasler@csuchico.edu> Subject: DA Settlement of PG&E Should Go to Families that Lost Lives & Actual Work - Public Comment ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening .. attachments, clicking on links, or replying. Hello, Although the DA asked for victims to write statements last year about how they were impacted for losing their families, none of this settlement is going to anyone who saw that their families lost lives. This money in accumulation is not going anywhere - similarly to how $1 billion was spent on Oroville dam and then it was still broken. We also asked for SaveMeNowApp.com to be included in the 911 systems and it only costs $15,000 for citizen/victims and responder apps, yet it was denied. Whenever we actually point to real solutions that is not greedy or corporate orientated, we get denied. "Stability, hazard mitigation, and recovery" - what does this even mean? This isn't going to victims who still have to rebuild their homes. I lost my entire family in the fire - Victoria Taft - and the Fire Victims Trust has not given me any preliminary payments or any payments. We've been completely ignored and likely Anna Dise who losther father were too. What was the point of making us write letters for you? Clearly all it's going is to people who want it all to themselves. Supposedly people are also still living in trailers. 3.03 PG&E Settlement Fund Policy Butte County received a $252 million settlement from PG&E whose criminal negligence resulted in the Camp Fire. The County’s net settlement revenue after attorney’s fees was $204.4 million. At the Fiscal Year (FY) 2020-21 budget hearings on July 21, 2020, the Board of Supervisors directed that a new fund called the "PG&E Settlement Fund" be established and the settlement funds be committed to County stability, hazard mitigation, and recovery. The use of the PG&E Settlement Fund is at the sole discretion of the Board of Supervisors. County Administration recommends the Board approve a PG&E Settlement Fund Policy for the use of these funds. The proposed policy states the PG&E Settlement Fund be used for County stability, hazard mitigation and recovery as directed by the Board on July 21, 2020. Recognizing that there are more worthy projects and uses of the PG&E Settlement Fund than there are funds available, the policy states projects that address direct impacts from the Camp Fire, leverage outside funds and/or have a high level of urgency will be given priority. County Departments, on their own or at the Direction of the Board, will submit project proposals to the Chief Administrative Officer to have the use of PG&E Settlement Funds considered. The Board of Supervisors must approve any use of PG&E Settlement Funds. (County Administration) Action requested - APPROVE PG&E SETTLEMENT FUND POLICY 3.04 Budget Adjustment - PG&E Settlement Fund On March 9, 2021, the Board of Supervisors approved four recommendations to use PG&E Settlement Funds toward County’s financial stability initiatives including the use of PG&E Settlement Funds as cash flow to prepay the annual unfunded liability payment which will be repaid to the fund annually with interest, as well as the contribution of $20 million to the Safety Pension Trust which is projected to stabilize the County’s public safety pension costs over the next 14 years. To implement these actions staff recommend the Board approve the CalPERS prepayment for FY 2021- 22, and approve the budget adjustment appropriating $20 million in PG&E Settlement Funds for payment to the Safety Pension Trust. (County Administration) Action requested - 1) APPROVE THE PREPAYMENT OF THE UNFUNDED LIABILITY PAYMENT AS DETAILED IN THE STAFF REPORT; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED) -- Christina Taft Founder and CEO ofWorldie SocialMediaforGood Clerk of the Board Andy Pickett Chief Administrative Officer and Clerk of the Board 25 County Center Drive, Suite 200 T: 530.552.3300 buttecounty.net/administration Oroville, California 95965 F: 530.538.7120 Members of the Board Bill Connelly | Debra Lucero | Tami Ritter | Tod Kimmelshue | Doug Teeter MEMORANDUM DATE: April 28, 2021 RE: Public Comment Submitted for April 27, 2021 Butte County Board of Supervisors Meeting Item 4.02A – COVID-19 Update by the Public Health Director Pursuant to current State Public Health directives to shelter-in-place and practice social distancing due to the COVID19 pandemic, and as authorized by Governor Gavin Newsom’s Executive Orders N-25-20 and N-29-20, the meeting was closed to the public and all non-essential County staff. Members of the public were encouraged to participate remotely from a safe location by submitting comments electronically. Enclosed please find all public comment related to Item 4.02A at the April 27, 2021 Board of Supervisors Meeting. Shaina Paulsen Administrative Assistant, Senior Clerk of the Board Andy Pickett Chief Administrative Officer and Clerk of the Board 25 County Center Drive, Suite 200 T: 530.552.3300 buttecounty.net/administration Oroville, California 95965 F: 530.538.7120 Members of the Board Bill Connelly | Debra Lucero | Tami Ritter | Tod Kimmelshue | Doug Teeter MEMORANDUM DATE: April 28, 2021 RE: Public Comment Submitted for April 27, 2021 Butte County Board of Supervisors Meeting Item 4.04 – Direction for Amendments to Article 3 of the Zoning Ordinance, Agricultural Buffer Setbacks and Exceptions for Unusual Circumstances Pursuant to current State Public Health directives to shelter-in-place and practice social distancing due to the COVID19 pandemic, and as authorized by Governor Gavin Newsom’s Executive Orders N-25-20 and N-29-20, the meeting was closed to the public and all non-essential County staff. Members of the public were encouraged to participate remotely from a safe location by submitting comments electronically. Enclosed please find all public comment related to Item 4.04 at the April 27, 2021 Board of Supervisors Meeting. Shaina Paulsen Administrative Assistant, Senior From:Clerk of the Board To:Alpert, Bruce;Bennett, Robin;Clerk of the Board;Connelly, Bill;Cook, Holly;Cook, Robin;Kimmelshue, Tod; Lucero, Debra;Paulsen, Shaina;Pickett, Andy;Ring, Brian;Ritter, Tami;Rodas, Amalia;Sweeney, Kathleen; Teeter, Doug Cc:Nuzum, Danielle;Snyder, Ashley Subject:Public Comment Item 4.04 - FW: Public Comment - April 27, 2021 Board of Supervisors Meeting - Agenda Item 4.04 Date:Monday, April 26, 2021 4:04:50 PM Attachments:image001.png 9. Unusual Circumstances Narrative 20210311.pdf Comment Letter to BoS Re Ag Buffer Issue - Tuscan Ridge - 4-26-2021 (00212076xC4B98).pdf Please see public comment emailed to us below pertaining to Item 4.04 on the 4/27 Meeting - Direction for Amendments to Article 3 of the Zoning Ordinance, Agricultural Buffer Setbacks and Exceptions for Unusual Circumstances. Shaina Paulsen Administrative Assistant, Senior Butte County Administration 25 County Center Drive, Suite 200 Oroville, CA 95965 T: 530.552.3304 | F: 530.538.7120 From: Nicholas Avdis <NAvdis@thomaslaw.com> Sent: Monday, April 26, 2021 3:34 PM To: Clerk of the Board <clerkoftheboard@buttecounty.net> Cc: Breedon, Dan <DBreedon@buttecounty.net>; Michelena, Mark <MMichelena@buttecounty.net>; Calarco, Pete <PCalarco@buttecounty.net>; Daneluk, Paula <PDaneluk@buttecounty.net> Subject: Public Comment - April 27, 2021 Board of Supervisors Meeting - Agenda Item 4.04 ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening .. attachments, clicking on links, or replying. Dear Clerk of the Board, please share the attached letter with Board members. Thank you. Nicholas S. Avdis Of Counsel THOMAS LAW GROUP 455 Capitol Mall, Suite 801, Sacramento, California 95814 One Kaiser Plaza, Suite 875, Oakland, California 94612 Phone: 916.287.9292 Fax: 916.737.5858 navdis@thomaslaw.com www.thomaslaw.com Confidentiality Note: The information contained in this e-mail and any attached files is confidential and intended for the exclusive use of the individual or firm named in the e-mail. The information should not be duplicated or distributed unless an express written consent is obtained from Thomas Law Group, LLP, in advance. If you are not the intended recipient of this e-mail, do not disseminate, distribute or copy it. Please notify me immediately and return any attachments. UNUSUAL CIRCUMSTANCES NARRATIVE Tuscan Ridge Planned Development Date: March 11, 2021 Project No.: 9799.02 Prepared For: Tuscan Ridge Associates, LLC Attachment A: NRCS Soil Resource Report 1.0 PROJECT OVERVIEW Tuscan Ridge Associates, LLC (Applicant) is proposing an approximately 98-acre Planned Development on the approximately 163-acre (Note: County records indicate 172 acres; however, a recent boundary survey yielded 163 acres) property located on the southeast side of Skyway between Chico and Paradise, California and identified by Assessor’s Parcel Numbers (APNs) 040-520-104 through -107 and -11 and portions of 040- 520-108 and -110 (Site), to facilitate the construction of 165 residential units, commercial development, recreation areas, open space, and golf-related facilities (Project). It should be noted that the 163-acre property additionally includes the parcel identified by APN 040-520-109; however, no development is currently proposed on that parcel at this time. The Site currently has a land use designation of Planned Unit Development (PUD) per the Butte County General Plan 2030 (adopted 2010, amended 2012) and a zoning designation of Planned Development (PD) per the Butte County Zoning Code (Zoning Code). The Site is surrounded primarily by large undeveloped parcels to the east, south, and west, with Skyway running the entire length of the northwest Site boundary. Paradise Rod & Gun Club is located northeast of the Site. The undeveloped parcels surrounding the Site to the south, southwest, and southeast have a Butte County land use designation of Agricultural (AG) per the Butte County General Plan 2030, and a zoning designation of Agriculture (AG) per the Zoning Code. 2.0 REGULATORY SETTING AND REQUEST Pursuant to the Agricultural Buffer Ordinance, Division 7 (Agricultural Buffers), Sections 24-81 through 24-84 of the Zoning Code (adopted 2013, amended 2016), proposed residential structures are required to be set back 300 feet from any property line that abuts Agriculture zones. As shown on the Conceptual Site Layout, dated February 24, 2021, single family housing is proposed within the 300-foot Agricultural Buffer Setback from adjacent parcels zoned Agriculture. Section 24-83 of the Zoning Code provides that the setback distance of 300 feet may be adjusted based upon the Agricultural Buffer Guidelines adopted by the Board of Supervisors 21 W. Fourth Street776 S. State Street, Suite 103 3490 Regional Parkway, Suite A 932 B W. Eighth Avenue Eureka, CA 95501 Ukiah, CA 95482 Santa Rosa, CA 95403 Chico, CA 95926 707 443-5054 707 462-0222 707 525-1222 530 801-6170 Toll Free 800 515-5054 lacoassociates.com UNUSUAL CIRCUMSTNACES NARRATIVE Tuscan Ridge Planned Development on December 16, 2008 or an Unusual Circumstances Review pursuant to Section 24-84 (Exceptions to agricultural buffer setback) of the Zoning Code. This narrative has been written to support a request for an Unusual Circumstance Review, pursuant to Section 24-84 of the Zoning Code. Additionally, it should be noted that the Applicant acknowledges the Butte County Right-to-Farm Ordinance, Chapter 35 (Protection of Agricultural Land) of the Zoning Code, which requires that residents or users of property near agricultural operations be prepared to accept inconvenience or discomfort arising from that operation as a normal and necessary aspect of agricultural operations in Butte County. The proposed development would accept any such inconveniences, should they occur, and promote a good-neighbor policy that would protect a properly conducted agricultural operation. 3.0UNUSUAL CIRCUMSTANCES 3.1 Limitations on Potential Agricultural Uses of Adjacent Lands The 300-foot Agricultural Buffer Setback should not be applicable (unnecessary) due to various factors on the Site and adjacent lands zoned Agriculture (AG). Potential agricultural uses on the adjacent lands would be limited to generally non-intensive agricultural uses due to existing site constraints including but not limited to topography, location, and absence of arable soil. The Site and adjacent lands are located atop a ridge, between Skyway and steep canyons draining the region surrounding Paradise. Agricultural uses requiring significant infrastructure and maintenance, such as crop cultivation, processing, or intensive animal operations would most likely be infeasible as the potentially usable area of the lands is limited by the topographic constraints. The lack of existing infrastructure, including water sources, fences, access roads and other appurtenant facilities on the adjacent lands would most likely be prohibitively expensive to install and maintain, as the adjacent lands are surrounded by equally undeveloped and vacant lands and access to the adjacent lands via Skyway is limited. Additionally, according to the National Resource Conservation Service (NRCS) Soil Survey (see Attachment A), soils at the Site and adjacent lands are largely Doemill-Jokerst or Doemill-Jokerst-Ultic Haploxeralfs, thermic complex, which are poorly drained soils found on volcanic foothills. These soils are considered neither wooded nor farmable under natural conditions and major uses 1 include livestock grazing, homesite development, wildlife habitat, and watershed. The surface area of these lands may additionally be covered with cobbles, stones, or boulder, further confirming the lack of arable soil. Open grazing, which may be possible on the adjacent lands, would not be anticipated to present the same incompatibilities with a high level of impact on the proposed large lot rural residential homes as would be expected from other, higher intensity agricultural uses. Additionally, the same existing constraints that would limit intensive agricultural operations on the adjacent lands would inherently protect the adjacent lands from conversion to residential uses, which is a key goal of the Agricultural Buffer Ordinance. 3.2 Site Development Constraints Existing constraints on the Site, including development restrictions, natural features, and utility easements would further limit the potential developable area. As noted above, Skyway, a Butte County-designated Scenic Highway (pursuant to Figure COS-9 of the Butte County General Plan), spans the entire length of the northwest Site boundary. Pursuant to Section 24-42 (Scenic highway overlay zone) of the Zoning Code, a 350- foot Scenic Highway (-SH) overlay zone extends outward from the edges of the Skyway right-of-way. 1 https://www.nrcs.usda.gov/Internet/FSE_MANUSCRIPTS/california/CA612/0/Butte_CA.pdf Project No. 9799.02; March 11, 2021 Page 2 of 3 UNUSUAL CIRCUMSTNACES NARRATIVE Tuscan Ridge Planned Development Development within the –SH overlay zone is intended to feature high quality architectural design, preserve views from the highway, and maintain existing topographic features. While residential development is not prohibited within the –SH overlay zone, potential allowable development would be limited in order to maintain the existing views. A steep ravine at the northwest edge of the proposed development, partially within the –SH overlay zone, would additionally limit the development potential of the northwest portion of the Site adjacent to Skyway. In addition, development of the Site would be further constrained by the existing roadway and public utility easements dividing the Site. Project No. 9799.02; March 11, 2021 Page 3 of 3 UNUSUAL CIRCUMSTNACES NARRATIVE Tuscan Ridge Planned Development ATTACHMENT A NRCS Soil Resource Report Project No. 9799.02; March 11, 2021 Board of Supervisors Meeting- Speaker Report Regular Meeting – April 27, 2021 Speaker: Nick Avdis, Thomas Law Group Item for Comment: 4.04 Platform: WebEx Clerk of the Board Andy Pickett Chief Administrative Officer and Clerk of the Board 25 County Center Drive, Suite 200 T: 530.552.3300 buttecounty.net/administration Oroville, California 95965 F: 530.538.7120 Members of the Board Bill Connelly | Debra Lucero | Tami Ritter | Tod Kimmelshue | Doug Teeter MEMORANDUM DATE: April 28, 2021 RE: Public Comment Submitted for April 27, 2021 Butte County Board of Supervisors Meeting Item 4.05 – Contract Amendment with Chico Housing Action Team (CHAT) to the Site License Agreement fora Portion of 556 Cohasset Road in Chico and Contract with CHAT for Project Delivery and Operations for Emergency Shelter Units Pursuant to current State Public Health directives to shelter-in-place and practice social distancing due to the COVID19 pandemic, and as authorized by Governor Gavin Newsom’s Executive Orders N-25-20 and N-29-20, the meeting was closed to the public and all non-essential County staff. Members of the public were encouraged to participate remotely from a safe location by submitting comments electronically. Enclosed please find all public comment related to Item 4.05 at the April 27, 2021 Board of Supervisors Meeting. Shaina Paulsen Administrative Assistant, Senior Clerk of the Board Andy Pickett Chief Administrative Officer and Clerk of the Board 25 County Center Drive, Suite 200 T: 530.552.3300 buttecounty.net/administration Oroville, California 95965 F: 530.538.7120 Members of the Board Bill Connelly | Debra Lucero | Tami Ritter | Tod Kimmelshue | Doug Teeter MEMORANDUM DATE: April 28, 2021 RE: Public Comment Submitted for April 27, 2021 Butte County Board of Supervisors Meeting Item 4.06 – Overview of Point of Contact Agreement for Outreach Services Pursuant to current State Public Health directives to shelter-in-place and practice social distancing due to the COVID19 pandemic, and as authorized by Governor Gavin Newsom’s Executive Orders N-25-20 and N-29-20, the meeting was closed to the public and all non-essential County staff. Members of the public were encouraged to participate remotely from a safe location by submitting comments electronically. Enclosed please find all public comment related to Item 4.06 at the April 27, 2021 Board of Supervisors Meeting. Shaina Paulsen Administrative Assistant, Senior Clerk of the Board Andy Pickett Chief Administrative Officer and Clerk of the Board 25 County Center Drive, Suite 200 T: 530.552.3300 buttecounty.net/administration Oroville, California 95965 F: 530.538.7120 Members of the Board Bill Connelly | Debra Lucero | Tami Ritter | Tod Kimmelshue | Doug Teeter MEMORANDUM DATE: April 28, 2021 RE: Public Comment Submitted for April 27, 2021 Butte County Board of Supervisors Meeting Item 4.09 – Update on Water Issues Pursuant to current State Public Health directives to shelter-in-place and practice social distancing due to the COVID19 pandemic, and as authorized by Governor Gavin Newsom’s Executive Orders N-25-20 and N-29-20, the meeting was closed to the public and all non-essential County staff. Members of the public were encouraged to participate remotely from a safe location by submitting comments electronically. Enclosed please find all public comment related to Item 4.09 at the April 27, 2021 Board of Supervisors Meeting. Shaina Paulsen Administrative Assistant, Senior From:Paulsen, Shaina To:Alpert, Bruce;Bennett, Robin;Clerk of the Board;Connelly, Bill;Cook, Holly;Cook, Robin;Kimmelshue, Tod; Lucero, Debra;Paulsen, Shaina;Pickett, Andy;Ring, Brian;Ritter, Tami;Rodas, Amalia;Sweeney, Kathleen; Teeter, Doug Cc:Gosselin, Paul;Jessee, Meegan;Snyder, Ashley Subject:Email Public Comment Item 4.09 - FW: comments to supervisors for the April 27 meeting Date:Monday, April 26, 2021 11:44:33 AM Attachments:item 4.09 gr comments.docx Please see public comment attached pertaining to Item 4.09 Update on Water Issues, specifically in regards to Inter- Basin Coordination on the 4/27 Board of Supervisors Meeting. Shaina Paulsen Administrative Assistant, Senior Butte County Administration 25 County Center Drive, Suite 200 Oroville, CA 95965 T: 530.552.3304 | F: 530.538.7120 -----Original Message----- From: jimb@aqualliance.net <jimb@aqualliance.net> Sent: Sunday, April 25, 2021 1:05 PM To: Clerk of the Board <clerkoftheboard@buttecounty.net> Subject: comments to supervisors for the April 27 meeting .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. Please find the attached comments for item 4.09 and share these comments with the Supervisors. Thank you, Jim Brobeck, water policy analyst, AquAlliance Item 1: inter-basin coordination Slide #17 asks: What are the most important outcomes for inter-basin coordination in SGMA? 1) Collect data for creating maps of seasonal groundwater contours and flow direction/volume for multiple layers of the regional aquifer system. Will increased pumping west of the Sacramento River increase the speed and magnitude of GW flowing out of Butte County? Will deep aquifer pumping there cause shallow aquifer levels to drop or disappear? 2) Collect data to identify and, if necessary, remediate leakage between aquifer layers caused by wells with casing perforations (screens) tapping different layers. When deep wells with multiple levels of intake screens are pumping the deep water shallower levels can drain into the depressurized lower aquifer level. Regional declines in the lower aquifer can create problems in shallow domestic wells throughout the basin. 3) While some GSA are relying on “an emphasis on measured data, not modeling, for defining sustainability” we should heed the Technical Collaborators’ advice on pg 9 of the Interbasin Assessment) that “use of a groundwater model is the best approach to quantify and evaluate interbasin groundwater flows. Different models will not perfectly agree and differences in estimated interbasin flows will need to be discussed. GSAs should recognize how management in the adjacent subbasin may change groundwater conditions in their area. Early cooperation with neighboring subbasins to compare interbasin flow estimates and reconcile significant differences in flow and magnitude or direction is very important. Although the exact values may be different, the interbasin flow magnitude and direction should be similar. Ultimately the modeling process will be easier if neighboring subbasins select and collaborate in developing the same model.” Past model runs have had large discrepancies that disadvantage Butte County water levels. So… neighboring subbasins should select and collaborate in developing the same model. 4) The October 2020 CBI interbasin presentation “Coordination Priorities and Tools” slide (below) explains that a Conflict Resolution Process is the third step in interbasin coordination. The last step they recommended is accepting voluntary agreements as a means of resolution. The “Coordination Priorities and Tools” Slide 8 of the updated CBI presentation has eliminated any mention of conflict resolution or voluntary agreements. There is a realistic expectation that interbasin conflicts are likely to occur. Intentional aquifer replenishment will be expensive. Experimental Recharge and subsequent recovery pumping will be similar to fiduciary money accounting. We need to be transparently prepared for the fact that other parts of the State have had to resort to adjudicated groundwater allocation. Voluntary agreements to resolve water management conflicts are wholly inadequate. There must be written agreements regarding dispute resolution among the basins. Q2. What concerns or issues would you like to have considered? I am concerned about the long-term cumulative impacts of regional conjunctive use of the basin and expanded GW irrigation west of the river. According to a 2014 report by Davids Engineering “The ultimate effects of pumping can occur significantly after pumping starts, or even after pumping has ceased. The timescales involved in aquifer responses to pumping can be on the order of decades, making it difficult to associate cause with effect. As such, monitoring must account for this lag in impacts. In general, the longer the timeframe for effects to be observed, the longer those effects will persist." While Inter-basin coordination is in its early stages, Technical information indicating inter-basin flow from Butte County westward to Glenn/Tehema Counties is available through a 2019 DWR map that shows a significant decline in the lower aquifer in Glenn County during the recent 15 year period. The decline appears to spread impacts all the way into Butte county. The DWR map shows a significant depressurization of the deep aquifer that is spreading into the Vina sub-basin. As district farms west of the Sacramento River invest in developing more deep wells in the deepest portion of the shared aquifer system, the voluntary actions taken to resolve conflicts will be more challenging. I suggest that a census of evolving crop patterns, GW demand, and deep LDWs (large diameter wells) in the coordinated basin be compiled and that a moratorium on developing new LDWs in the region be considered during upcoming meeting of participants of Interbasin Coordination. Jim Brobeck, jimb@aqualliance.net, 530 521 4880 1605 Manzanita Ave. Chico 95926 Board of Supervisors Meeting- Speaker Report Regular Meeting – April 27, 2021 Speaker: Jim Brobeck Item for Comment: 4.09 Platform: WebEx Speaker: Ed Cox Item for Comment: 4.09 Platform: WebEx Clerk of the Board Andy Pickett Chief Administrative Officer and Clerk of the Board 25 County Center Drive, Suite 200 T: 530.552.3300 buttecounty.net/administration Oroville, California 95965 F: 530.538.7120 Members of the Board Bill Connelly | Debra Lucero | Tami Ritter | Tod Kimmelshue | Doug Teeter MEMORANDUM DATE: April 28, 2021 RE: Public Comment Submitted for April 27, 2021 Butte County Board of Supervisors Meeting Item 5.01A – Code Enforcement Case No. CE20-00653; 0 Bamford Way in Forbestown; APN: 073- 300-017 Pursuant to current State Public Health directives to shelter-in-place and practice social distancing due to the COVID19 pandemic, and as authorized by Governor Gavin Newsom’s Executive Orders N-25-20 and N-29-20, the meeting was closed to the public and all non-essential County staff. Members of the public were encouraged to participate remotely from a safe location by submitting comments electronically. Enclosed please find all public comment related to Item 5.01A at the April 27, 2021 Board of Supervisors Meeting. Shaina Paulsen Administrative Assistant, Senior Board of Supervisors Meeting- Speaker Report Regular Meeting – April 27, 2021 Speaker: Shawn Clark Item for Comment: 5.01A Platform: WebEx Clerk of the Board Andy Pickett Chief Administrative Officer and Clerk of the Board 25 County Center Drive, Suite 200 T: 530.552.3300 buttecounty.net/administration Oroville, California 95965 F: 530.538.7120 Members of the Board Bill Connelly | Debra Lucero | Tami Ritter | Tod Kimmelshue | Doug Teeter MEMORANDUM DATE: April 28, 2021 RE: Public Comment Submitted for April 27, 2021 Butte County Board of Supervisors Meeting Item 5.01E – Code Enforcement Case No. CE20-00498; 0 Crystal Ranch Road in Feather Falls; APN: 071-270-024 Pursuant to current State Public Health directives to shelter-in-place and practice social distancing due to the COVID19 pandemic, and as authorized by Governor Gavin Newsom’s Executive Orders N-25-20 and N-29-20, the meeting was closed to the public and all non-essential County staff. Members of the public were encouraged to participate remotely from a safe location by submitting comments electronically. Enclosed please find all public comment related to Item 5.01E at the April 27, 2021 Board of Supervisors Meeting. Shaina Paulsen Administrative Assistant, Senior Board of Supervisors Meeting- Speaker Report Regular Meeting – April 27, 2021 Speaker: Roberto Marquez Item for Comment: 5.01E Platform: WebEx Clerk of the Board Andy Pickett Chief Administrative Officer and Clerk of the Board 25 County Center Drive, Suite 200 T: 530.552.3300 buttecounty.net/administration Oroville, California 95965 F: 530.538.7120 Members of the Board Bill Connelly | Debra Lucero | Tami Ritter | Tod Kimmelshue | Doug Teeter MEMORANDUM DATE: April 28, 2021 RE: Public Comment Submitted for April 27, 2021 Butte County Board of Supervisors Meeting Item 5.02 – Public Hearing – Appeal of Planning Commission's Approval of Conditional Use Permit UP18-0002 Pursuant to current State Public Health directives to shelter-in-place and practice social distancing due to the COVID19 pandemic, and as authorized by Governor Gavin Newsom’s Executive Orders N-25-20 and N-29-20, the meeting was closed to the public and all non-essential County staff. Members of the public were encouraged to participate remotely from a safe location by submitting comments electronically. Enclosed please find all public comment related to Item 5.02 at the April 27, 2021 Board of Supervisors Meeting. Shaina Paulsen Administrative Assistant, Senior From:Clerk of the Board To:Alpert, Bruce;Bennett, Robin;Clerk of the Board;Connelly, Bill;Cook, Holly;Cook, Robin;Kimmelshue, Tod; Lucero, Debra;Paulsen, Shaina;Pickett, Andy;Ring, Brian;Ritter, Tami;Rodas, Amalia;Sweeney, Kathleen; Teeter, Doug Cc:Daneluk, Paula;Nuzum, Danielle Subject:Public Comment Item 5.02- FW: Subject: Old Durham Wood Yard Conditional Use Permit UP 18-0002 Date:Monday, April 26, 2021 3:50:07 PM Please see emailed public comment below pertaining to item 5.02 on the 4/27 BOS Meeting Agenda. Shaina Paulsen Administrative Assistant, Senior Butte County Administration 25 County Center Drive, Suite 200 Oroville, CA 95965 T: 530.552.3304 | F: 530.538.7120 From: Craig Caldwell <craig.caldwell0746@gmail.com> Sent: Monday, April 26, 2021 1:52 PM To: Clerk of the Board <clerkoftheboard@buttecounty.net> Subject: Subject: Old Durham Wood Yard Conditional Use Permit UP 18-0002 ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening .. attachments, clicking on links, or replying. Someofmyconcernsareasfollows. Current(andfuture)firecleanuppermits-Grindingandchippingshouldtakeplacewithinthe burnscar.ODWcanstillbeusedtostoretheclippings.Thiswillreducethenoisepollution createdbyODW. Thiswillalsokeepthetruckswithlogloaderswithinthefirearea,reducingthetrafficon countymaintainedroadsandbyourhomes.Thereasonablenatureofthisrequestiseven furthersubstantiatedbythefactthatwhenODWtearsoutandgrindsanorchard,itisdone at thejobsight,notODW. IhavetalkedwithRandyMcLaughlinwithODWandheagreesthatallvehiclesover26,000 grossvehicleweightshouldenteranddepartfromthesouth.Thiswoulddirectallheavytruck trafficsouthonOrovilleChicoHighwaythrutheindustrialareainsteadoftheresidentialarea alongOrovilleChicoHighway.Randyhasputupdirectionalsignsinfrontofhisbusinessand talkedtothedriversaboutgoingsouthfromODW.Somedriversstillchoosetogothruthe residentialareaofOrovilleChicoHighway. Ihavedrivenbothroutesandthesouthernrouteonlyaddsabout4minutestoaroundtrip.I liveonOrovilleChicoHighwayandhaveseenheavytrucksgobyasoftenas15minutes.I wouldliketoseeanamendmenttotheconditionalusepermitdirectingallheavytrucksto comeandgofromthesouth. Hoursofoperationforgrindingandchippingshouldbereducedfrom7amto7pmMonday- Saturdaydownto9am-4pmMonday-Friday. Inregardstotheexpansionitself;ODWhasoversteppedtheirpermitrestrictionstimeand timeagain.Theyhaveimpactedthelocalecosystemwithcompletedisregard.Theplanning commissionwasentirelyinthewrongtoapprovethisexpansionwithoutrequiringODW maintainacleanandconsistenttrackrecord.Forexample,in2018thepreviousplanning commissionhadactuallyconsideredrevokingODW’sconditionalusepermitentirely. Ifrulesandregulationsareputinplacetocontrolthemisuseofpermitsaslistedabove,itis notunreasonabletoexpectthattheybeenforced. Respectfully, CraigCaldwell 1269OrovilleChicoHighway From:Snyder, Ashley To:Alpert, Bruce;Bennett, Robin;Clerk of the Board;Connelly, Bill;Cook, Holly;Cook, Robin;Kimmelshue, Tod; Lucero, Debra;Paulsen, Shaina;Pickett, Andy;Ring, Brian;Ritter, Tami;Rodas, Amalia;Sweeney, Kathleen; Teeter, Doug Cc:Daneluk, Paula;Breedon, Dan;Nuzum, Danielle;Hickel, Rowland Subject:Public Comment RE: 4/23 Agenda - Item 5.02 - FW: Support of the Conditional Use Permit UP18-0002 - Section 5.02 Date:Tuesday, April 27, 2021 9:44:03 AM Attachments:image001.png Morning, Please see the below correspondence and attachment regarding the appeal of Planning Commission's approval of conditional use permit UP18-0002, which is agendized as item 5.02. Any further questions, please contact the Department of Development Services. Take care, Ashley N. Snyder Assistant Clerk of the Board Butte County Administration 25 County Center Drive, Suite 200, Oroville, CA 95965 T: 530.538.2867 | F: 530.538.7120 Twitter | Facebook | YouTube | Pinterest From: Katelyn Bamford <katelyn@bamfordinc.net> Sent: Tuesday, April 27, 2021 9:40 AM To: Clerk of the Board <clerkoftheboard@buttecounty.net> Cc: Nathan Bamford <bequip@gmail.com> Subject: Support of the Conditional Use Permit UP18-0002 - Section 5.02 ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening .. attachments, clicking on links, or replying. To Whom it May Concern, This letter is in reference to the 10:00AM Public hearing on 4/27/21 concerning the “Appeal of Planning Commission’s Approval of Conditional Use Permit UP18-0002” section 5.02. I am writing on behalf of Nathan Bamford and JW Bamford, Inc. We are a timber company based in Oroville, Ca. and have been in operation since 1980. Timber has long been included in the agriculture industry and is essential to proper forest management and fire control. Our company utilizes all viable yards to handle our wood waste from the forest and fire cleanup efforts. Old Durham Wood’s yard, located in Durham Ca, is critical to this industry, as there are fewer and fewer end destination points to handle wood waste. As fires continue to take place and an awareness of removing fuels from our forest grows, so does the need for capacity at existing wood waste yards. The Old Durham Wood expansion is very important to continue being able to responsibly handle the growing need to manage wood waste in our communities and public lands. Old Durham Wood is a company that runs a clean yard and is reputable among the industry. They provide employment opportunities to the orchard and timber industries, and there operation has a significant impact on the local community. Please consider this letter in support of a conditional use permit. From:Snyder, Ashley To:Alpert, Bruce;Bennett, Robin;Clerk of the Board;Connelly, Bill;Cook, Holly;Cook, Robin;Kimmelshue, Tod; Lucero, Debra;Paulsen, Shaina;Pickett, Andy;Ring, Brian;Ritter, Tami;Rodas, Amalia;Sweeney, Kathleen; Teeter, Doug Cc:Daneluk, Paula;Nuzum, Danielle;Breedon, Dan;Hickel, Rowland Subject:RE: 4/23 Agenda - Item 5.02 - FW: Public Comment for Item Number 5.02 Date:Tuesday, April 27, 2021 9:45:00 AM Attachments:image001.png Morning, Please see the below correspondence and attachment regarding the appeal of Planning Commission's approval of conditional use permit UP18-0002, which is agendized as item 5.02. Any further questions, please contact the Department of Development Services. Take care, Ashley N. Snyder Assistant Clerk of the Board Butte County Administration 25 County Center Drive, Suite 200, Oroville, CA 95965 T: 530.538.2867 | F: 530.538.7120 Twitter | Facebook | YouTube | Pinterest From: Katelyn Bamford <katelyn@bamfordinc.net> Sent: Tuesday, April 27, 2021 9:42 AM To: Clerk of the Board <clerkoftheboard@buttecounty.net> Cc: Nathan Bamford <bequip@gmail.com> Subject: Public Comment for Item Number 5.02 ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening .. attachments, clicking on links, or replying. To Whom it May Concern, This letter is in reference to the 10:00AM Public hearing on 4/27/21 concerning the “Appeal of Planning Commission’s Approval of Conditional Use Permit UP18-0002” section 5.02. I am writing on behalf of Nathan Bamford and JW Bamford, Inc. We are a timber company based in Oroville, Ca. and have been in operation since 1980. Timber has long been included in the agriculture industry and is essential to proper forest management and fire control. Our company utilizes all viable yards to handle our wood waste from the forest and fire cleanup efforts. Old Durham Wood’s yard, located in Durham Ca, is critical to this industry, as there are fewer and fewer end destination points to handle wood waste. As fires continue to take place and an awareness of removing fuels from our forest grows, so does the need for capacity at existing wood waste yards. The Old Durham Wood expansion is very important to continue being able to responsibly handle the growing need to manage wood waste in our communities and public lands. Old Durham Wood is a company that runs a clean yard and is reputable among the industry. They provide employment opportunities to the orchard and timber industries, and there operation has a significant impact on the local community. Please consider this letter in support of a conditional use permit. From:Clerk of the Board To:Alpert, Bruce;Bennett, Robin;Clerk of the Board;Connelly, Bill;Cook, Holly;Cook, Robin;Kimmelshue, Tod; Lucero, Debra;Paulsen, Shaina;Pickett, Andy;Ring, Brian;Ritter, Tami;Rodas, Amalia;Sweeney, Kathleen; Teeter, Doug Cc:Daneluk, Paula;Nuzum, Danielle Subject:Public Comment Item 5.02 - FW: Item 5.02 April 27, 2021 Date:Monday, April 26, 2021 11:58:32 AM Please see public comment below pertaining to Item 5.02 on the 4/27 BOS Meeting Agenda. Shaina Paulsen Administrative Assistant, Senior Butte County Administration 25 County Center Drive, Suite 200 Oroville, CA 95965 T: 530.552.3304 | F: 530.538.7120 From: Samantha Lewis <psamanthalewis@hotmail.com> Sent: Monday, April 26, 2021 11:56 AM To: Clerk of the Board <clerkoftheboard@buttecounty.net> Subject: Item 5.02 April 27, 2021 ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening .. attachments, clicking on links, or replying. Re:April27,2021 AgendaItem5.02 DearButteCountyBoardofSupervisors, IamwritingthisletterinsupportofOldDurhamWood.Throughouttheyears,Randy McLaughlinhasprovidedaninvaluableservicetoourfarmlocatedinButteCounty.Old DurhamWood’sorchardremovalandcutting-edgegrindingserviceshaveprovidedButte Countyfarmersanenvironmentally-friendlyalternativefororchardredevelopmentprojects.If OldDurhamWoodisrestrictedincapacity,itwillleadtoincreasedairpollutionaslocal farmerswillbeforcedtodomoreburningasolderorchardsarereplaced. WhileIsympathizewithconcernsoverdustandnoisegeneratedbyorchardrecycling,welive inaRight-to-FarmCountywherethebackboneofoureconomyisdrivenbythesetypesof activities.Whole-orchardrecyclingisthewayofthefutureandButteCountyshouldcontinue tobefullysupportiveofOldDurhamWood’seffortsinprovidingthistechnologytofarmers. Thankyouforyourconsideration, P.SamanthaLewis 6thGenerationButteCountyFarmer CEO SamG.LewisandSon 3560DurhamDaytonHwy. Chico,CA95928 Board of Supervisors Meeting- Speaker Report Regular Meeting – April 27, 2021 Speaker: Wendy Johnston Item for Comment: 5.02 Platform: WebEx Speaker: Angela Casler Item for Comment: 5.02 Platform: WebEx Clerk of the Board Andy Pickett Chief Administrative Officer and Clerk of the Board 25 County Center Drive, Suite 200 T: 530.552.3300 buttecounty.net/administration Oroville, California 95965 F: 530.538.7120 Members of the Board Bill Connelly | Debra Lucero | Tami Ritter | Tod Kimmelshue | Doug Teeter MEMORANDUM DATE: April 28, 2021 RE: Public Comment Submitted for April 27, 2021 Butte County Board of Supervisors Meeting Item 6 – Board of Supervisors Public Comment Pursuant to current State Public Health directives to shelter-in-place and practice social distancing due to the COVID19 pandemic, and as authorized by Governor Gavin Newsom’s Executive Orders N-25-20 and N-29-20, the meeting was closed to the public and all non-essential County staff. Members of the public were encouraged to participate remotely from a safe location by submitting comments electronically. Enclosed please find all public comment related to Item 6 at the April 27, 2021 Board of Supervisors Meeting. Shaina Paulsen Administrative Assistant, Senior Board of Supervisors Meeting- Speaker Report Regular Meeting – April 27, 2021 Speaker: Jennifer Davis Item for Comment: 6 Platform: WebEx