33 minute read
Sewer for Paradise?
from c-2021-03-11
Now or never?
Paradise pushes for sewer pipeline to Chico in aftermath of Camp Fire; Chicoans have environmental concerns
by Ashiah Scharaga ashiahs@newsreview.com
On a recent afternoon, Marc Mattox and Katie Simmons had a clear view of downtown Paradise from where they stood on Almond Street near an empty lot razed in the 2018 Camp Fire.
The road, which runs parallel to the Skyway, was often a popular route during community events, as it is a straight shot to Terry Ashe Recreation Center, the site of gatherings such as Johnny Appleseed Days and Gold Nugget Days.
Nowadays, the street is quiet and desolate. This part of town is emblematic of the area that would be impacted by a hefty proposal that Mattox, Paradise’s Public Works director and town engineer, and Simmons, the town’s disaster recovery director, say is key for recovery and bringing people back to the Ridge.
This street would become part of the proposed Paradise Sewer Service Area. The town has reentered discussions with the city of Chico to explore a project that would install an 18-mile-long pipe running from Paradise through Butte County land to Chico’s Water Pollution Control Plant.
Such a pipeline has been discussed for years, as waste disposal has long been an issue for the town. Paradise runs entirely on individual septic systems, many of which were failing before the fire and continue to be cost prohibitive for commercial and multi-family endeavors. Various sewer project proposals have been nixed by town voters and their elected officials over decades.
The Paradise Sewer Project would pave the way for the empty lots on Almond and other streets to become sites of apartments, businesses or homes connected to the town’s first sewer service, Mattox and Simmons told the CN&R.
Mattox concurred, adding that “the Camp Fire is the impetus for the now-or-never question.”
However, the project has garnered critiques from the public and local elected officials, particularly in regards to environmental, fiscal and quality-of-life impacts. Opponents argue that there are more sustainable ways to support the recovery of Paradise and ensure that unchecked growth along the pipeline’s corridor doesn’t dramatically alter life in Butte County. In addition, some argue that the process hasn’t been transparent and are concerned that only one option, a substantial regional project, is being presented as the path forward.
What’s it all about?
Initial estimates hover around $180 million to design and construct an 18-mile pipe that would flow from the town alongside the Skyway Corridor and connect to the Chico wastewater facility.
Paradise ratepayers within the sewer area would cover their portion of system fees and maintenance costs. As to how much they’d have to pay, that’s still to be determined.
The town maintains that it will seek grant and state/federal funding to pay for the project and that it will not burden Chico taxpayers. (As for $219 million in PG&E settlement funds, the town currently is drafting a plan with long-term revenue and recovery in mind.) The preliminary pre-environmental analysis by global firm HDR Engineering has been
Weigh in Paradise and Chico are part of the Paradise Sewer Regionalization Project Advisory Committee. Meetings are broadcast virtually to the public. Go to paradisesewer.com for info on meetings and opportunities for public participation. Paradise officials Marc Mattox and Katie Simmons stand before a lot that could end up on the town’s first sewer system.
PHOTO BY ASHIAH SCHARAGA
paid for through grants—$800,000 from the state and $172,000 from the U.S. Department of Agriculture.
The town wants to hook up just a fraction of the lots in Paradise to the sewer system. It would serve 1,469 parcels (out of 11,000 total), all located along the busiest thoroughfares: Skyway, Clark Road and Pearson Road. There are approximately 300 standing homes in this area. The HDR study estimates there will be 357 occupied parcels by 2027, when the system would be completely installed, and that it could take 30 years before all 1,469 are in use.
While the project, at this point, has received unanimous approval to be explored by both the Paradise Town Council (aside from a recusal from Councilman Greg Bolin) and the Chico City Council, some members have already voiced concerns about impacts to their constituents.
At a City Council meeting on Feb. 2, Mayor Andrew Coolidge said that “zero negative environmental impacts for the city of Chico” and “negative cost/no increased costs to our ratepayers would be necessary for us to move forward on this.”
Similarly, Paradise Town Councilwoman Rose Tryon said at a Dec. 8, 2020, meeting that the town needs to protect Paradise ratepayers from subsidizing Chico and ensure that the partnership does not limit the town’s ability to grow.
Mattox replied that those answers will all be revealed through the project planning process. The pipeline proposal will be examined by the Paradise Sewer Regionalization Project Advisory Committee, a Chico-Paradise body formed and facilitated by the state’s Central Valley Regional Water Quality Control Board (see info box). The board sent a letter of support to the town for the regional concept in November. HDR Engineering is preparing the project environmental impact report (EIR), which likely won’t be complete until mid-to-late 2022. It is funded by $2 million from the State Water Board Division of Financial Assistance.
The city of Chico has a vested interest into at least looking into the project, which could open its treatment plant up for grant funding for improvements, according to city staff. The plant’s employee work load, demand for supplies, electricity and maintenance costs have all increased since the Camp Fire, when refugees settled in Chico. City Public Works Director for Operations and Maintenance Erik Gustafson told the CN&R that flows are still up 5 percent to 6 percent, or 400,000 gallons to 500,000 gallons more per day, from pre-Camp Fire flows of 5.98 million gallons per day.
In addition to support from the Central Valley Regional Water Quality Control Board, the Paradise Sewer Project concept also has the backing of Assemblyman James Gallagher. He has proposed a state bill (AB-36) to expedite the process not only for the town’s sewer project but the Paradise Irrigation District’s controversial intertie proposal that could transfer fresh water to Chico (a project that is in the study stages), waiving the requirement for competitive bidding if the projects move forward.
“These projects do not allow for any new growth outside of the Town of Paradise. Projects that are already planned in Chico do not need this water or sewer project. Paradise is simply trying to recover and become more resilient,” Gallagher wrote in a Facebook post.
What are the concerns?
Those who take issue with the project urge the town to consider local, decentralized options that, long-term, they argue, would be more sustainable and have less environmental impact.
For Mark Stemen, the vice chairman of Chico’s Climate Action Commission, the pipe is a monstrous project that will pave the way for urban sprawl along the Skyway if it moves forward. needs to be more involved and the public needs to be informed and engaged in a process that must consider alternatives, not just a pipeline to Chico.
“Is it the best idea to spend $180 million and build a behemoth infrastructure that’s going to take five or six years to build, or might our region be better served by decentralized [wastewater treatment] systems?” she said. “I’m worried about the unintended consequences of a project this size. … If we aren’t intending to grow Chico into San Jose, why are we doing this?”
Erik Gustafson, city of Chico Public Works Director of Operations and Maintenance, stands at the Chico Water Pollution Control Plant in 2019, after flows dramatically increased in the wake of the Camp Fire.
CN&R FILE PHOTO
“People think, ‘Oh it’s just a road’ or ‘It’s just a pipe.’ But it isn’t. It’s a conduit for changing the land around it,” Stemen told the CN&R.
In Stemen’s view, the best option for Paradise’s recovery is one that keeps its wastewater treatment and discharge localized, and doesn’t dramatically increase the county’s greenhouse gas production, accelerating the devastating impacts of climate change.
The town has maintained that the pipeline to Chico is the cheapest option, but “climate change doesn’t pencil out either,” Stemen said. “It was climate change that burned Paradise. We don’t need to keep doing this. We have to do something different.”
For Butte County Supervisor Debra Lucero, the process has not been transparent and has not taken all key partners, such as the county, into account in the planning process. Butte County is not part of the Paradise Sewer Regionalization Project Advisory Committee, despite the fact that the pipeline would run through miles of county land. That has fiscal and environmental implications, she said.
“I’m concerned that Chico citizens have not had an opportunity to attend workshops and learn more about what this route will look like,” she said. “I just think there are a lot of unanswered questions. … What I’m being told is the EIR is supposed to be for that purpose. But to get to an EIR phase without public discussion? There’s something wrong with the process.”
Lucero said that, ideally, the county Are there other options?
In an analysis prepared by HDR Engineering, the Chico pipeline project is presented as the most attractive. Mattox referenced the report and community concerns during a recent conversation with the CN&R.
The HDR team concluded that the pipeline to Chico was the top contender, followed by finding land to create a local treatment plant for Paradise. The study looked at economic impacts (the cost), implementation (how easy it would be to get the project off the ground, including political approvals and cooperation from local landowners), environmental impacts (to water quality, air quality and watersheds with a goal of maintaining ag land and finding the quickest permitting process), social impacts of installation and maintenance, and operational impacts (including regulatory requirements and system technical complexity and capacity).
The local treatment option would have the town seeking nearly 500 acres to operate a plant, Mattox said, which would have to be located in the Neal or Clark Road corridors outside town limits due to Paradise’s topography and poor soils.
“One, that land isn’t just readily available, and two, the environmental impact on that land would be immense,” he said. “You’re taking away potential ag use and reserve open space for a wastewater treatment plant and the management of those types of volumes of treated wastewater to store, because there’s no Sacramento River nearby to discharge to.”
The proposed project will only examine the impacts of hooking up parcels within the town limits to the city’s wastewater treatment plant, Mattox added. Any future development or growth of the sewer service area would require its own public analysis and review, he said. The Paradise-Chico pipeline’s environmental impact review process will take 18 months, giving the public and policymakers ample time, he said.
“We’ve gone through our due diligence … those processes were completed and those findings and methodology are all publicly available on our websites,” Mattox said. “Like many recovery projects, we are moving forward boldly to explore this through the [California Environmental Quality Act]/EIR process to see if it will work. The truth is it may not, and we believe Paradise’s recovery depends on it.” Ω
A map of the proposed sewer treatment/disposal options for Paradise.
FROM PARADISE SEWER PROJECT EXECUTIVE SUMMARY
Laurie Aaron Kim Agur Karen Aikin Robert Alber Lory Allan Emily Alma Jeanette Alosi Davy Andrek Jean Andrews David & Lori Angel Ronald Angle Karen Ann Nelson Anthoine James & Mary Aram Christina Archuleta Vicki Artzner Laura Askim Wayland Augur Mat Bacior Shereen Baker Karen Balestieri Antoine Baptiste Florin Barnhart Kathy Barrett Thomas Barrett Maureen Baumgartner Claudia Beaty Norman Beecher Christianne Belles Mary Kay Benson Kathy Berger Gordon Bergthold Bryan Bickley Robert Biehler Earline Blankinship Erica Blaschke Mark Bloom Barbara Boeger Jamie Boelter Stephen Bohnemeyer April Boone Vicky Breeden Marlene Brenden Janet Brennan Trish Briel Diane Brobeck Dennis Broselle Caryl Brown Danielle Browning Anika Burke CJ Burkett Carol Burr Robert Burton Lynne Bussey Philip Butler Sherry Butler Vi Cantu Michael Capelle Jennifer Carey Caroline Carey Mark Carlsten Doug Carroll Daniel Carter Linda Cartier Joel Castle Elen Castleberry Delena Cavaness Beth Chase Susan Chin Judy Clemens Felecia Commesso Gail Compton Christine Connerly Paralee Cooper Justin Cooper Jack Coots Keitha Corbit Danetta Cordova Bob Cottrell Helen Coupe Michael J. 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CHICO.NEWSREVIEW.COM
ARRESTING DEVELOPMENTS Legal threats and consequences come to As Chico police officers and city staff readied to evict homeless campers from The Triangle on Feb. 4, City Councilman Scott Huber said he couldn’t just stand by and watch as people’s belongings were bulldozed. “I felt like the humane thing to do was to help people organize their things and move them, so that they the fore as tensions rise weren’t being thrown away in the middle of winter when it was forecast for more rain,” Huber said March 2. “I had a pickup truck and just felt called to do it … I didn’t give too much thought to the legality of it.” among protesters and The notion that Huber and other helpers could be committing some sort of crime was not lost on Chico supporters of attorney Rob Berry, however. Berry—who runs the online “safe, clean and beautiful community” group Chico First—wrote a letter to the City Council and staff the following day accusing Huber and others of homeless-encampment criminal conspiracy for helping campers move from one illegal encampment to another. sweeps
story and photos by Ken Smith kens@newsreview.com
The Ericksons—clockwise from left: Emilia, Chad, Ronin, Logan, Scarlett, Colin and Stump the dog—stand before Logan, Scarlett, Colin and Stump the dog—stand before their partially built home in Concow. their partially built home in Concow.
PHOTO BY ASHIAH SCHARAGA
Undeterred, Huber and homeless advocate Charles Withuhn helped campers relocate from a property on Boucher Street Feb. 16 when camps there were razed by the city. Berry was on hand to film the enforcement action and was moved to write another letter, dated Feb. 22. In that letter—addressed to City Manager Mark Orme, Police Chief Matt Madden and recently terminated City Attorney Andrew Jared—Berry reasserts his belief that advocates helping campers move are violating several sections of the city’s Muncipal Code.
“It is my intention to engage in and encourage the exercise of Citizen Arrest rights against any parties observed to violate these laws of California and Ordinances of the City of Chico,” the letter reads. In numerous online postings, Berry specifically names Huber and criticizes his actions, as a council member, and those of Withuhn, as a member of the Chico Housing Action Team. (Huber and Withuhn both contend they were there of their own volition and not representing any organization.)
Berry’s threats—as well as the March 2 arrest, by actual police, of a protester outside of the last Chico City Council meeting—are signs that the public conflict over how Chico handles the issue of homelessness is intensifying as the encampment sweeps continue. Additionally, Chico police barred reporters, protesters and helpers from entering the Boucher Street property as it was cleared of campers; one camper was finally issued a citation for refusing to vacate an area targeted by sweeps; and at least two legal challenges to the encampment sweeps are reportedly being prepared.
CROSSING LINES
Huber and other homeless advocates aren’t taking Berry’s words lightly. Since the letter was posted to social media Feb. 27, several people have accused Berry of threatening to take the law into his own hands and equated the letter to a call for vigilante action against homeless advocates and protesters who continue to show up for the city’s ongoing encampment sweeps.
Huber said he’s been very transparent about his involvement in helping campers move and that he “doesn’t necessarily contest that where I dropped their things off may in some context not have been legal.” He also said he’s willing to accept legitimate penalties incurred for his act of civil disobedience.
“I wouldn’t have a problem with a police officer coming up to me and citing me and saying, ‘You’ve done something illegal and I need to write you a citation.’
“That’s OK with me, I’m willing to take that risk. What I’m not willing to take is having a private citizen, who’s known to be overly zealous and antagonistic towards various community members, come up to me and act as though he is law enforcement.”
Huber said one of his concerns about Berry engaging in arrests is that he has openly stated on social media that he has a permit to carry a concealed weapon. “What happens when I say, ‘I don’t recognize your authority to hand me that piece of paper.’ At that point does he whip his gun out and say, ‘I’m the law because the law’s not here’? I acknowledge that’s far-fetched, but what about other people who feel empowered by Mr. Berry to do that? It just seems like it can get really ugly really quickly.”
Angela McLaughlin, a homeless advocate and founder of community group Stand Up For Chico, expressed concerns about the letter contributing to rising tensions: “Many of us have been worried for a long time about vigilante activity because of the ugliness of the rhetoric. ... We’ve long been concerned there would be an escalation to violence.”
Huber characterized the threats as a “power grab” by Berry: “It’s not so much about homelessness and evictions … he’s essentially telling the police chief that he is not doing his job, so Mr. Berry is going to do it for him. It needs to be stated unambiguously and publicly that the police department and city management does not endorse private citizens taking the law into their own hands.”
McLaughlin echoed that sentiment: “The police chief, right off the bat, should have said,‘Thank you, but no thank you, this is the role of law enforcement,’” she said.
Chief Matt Madden did finally issue a press release regarding citizen’s arrests on March 2. It doesn’t mention Berry or his letter, but does caution people about the risk of attempting citizen’s arrests: “If a Peace Officer determines the citizen has not provided the proper evidence to support an arrest, the Peace Officer will decline the arrest. The citizen making the arrest takes on the civil liability of making potential false arrests and could be held criminally responsible for rights violations, such as the Fourth Amendment of the United States Constitution. Due to the potentially high level of danger to the public, we encourage citizens to contact the Chico Police Department and allow our staff to investigate crimes in progress.”
Furthermore, police on the ground at the sweeps have allowed people to help campers move. Though press, protesters and helpers were initially kept out of the area during the eviction on Boucher Street, officers eventually allowed Huber and Withuhn to drive in with trucks and lend assistance. During the March 2 sweep of encampments in Lower Bidwell Park from Highway 99 to Madrone Avenue, Target Team lead Sgt. Paul Ratto personally opened the gate at Peterson Memorial Drive—which was locked for the sweeps—to allow advocates Kelli Johnson and Harrison Pratt access to help move campers.
“I’ll allow people in to help, but it has to be done in a safe manner away from any equipment,” said Ratto. He refused to comment on Berry’s stated intent to make arrests.
Attorney Rob Berry films press and protesters anticipating an encampment sweep beneath the Highway 99 overpass in Bidwell Park on Feb. 26. The enforcement action was delayed until March 2.
Robert Van Fleet is arrested during a “die-in” demonstration against homeless encampment sweeps at the March 2 City Council meeting.
BUNGLE ON BOUCHER
The Feb. 16 sweep on a Boucher Street property adjacent to Little Chico Creek raised several legal questions in itself.
To begin with, helpers assisted some campers to the area because homeless advocates identified the property as city-owned land not covered by the Dec. 8 ordinance that criminalized the breaking of rules— i.e. camping—in city parks and specific areas where homeless encampments sprang up. The previous City Council had relaxed camping restrictions last spring, in keeping with the U.S. Centers for Disease Control and Prevention’s guidelines for limiting the spread of COVID-19 among homeless populations. Asked about this, Ratto said the city’s waterways are also covered by the ordinance.
Also of note, police officers held observers—including the press— outside of the area, prompting a complaint from local journalists (see Second & Flume, page 4) for interfering with the press’ First Amendment rights.
The city put out a press release the next day justifying the action by saying the encampment qualified as a work area. “There was no concerted effort to disallow any member of the media or public to rightfully enter any location where they can legally enter, and the media is always provided a safe vantage point from which to conduct their reporting,” it reads.
Finally, police have been strategic in their efforts to achieve “voluntary compliance” while moving campers, and none of the sweeps prior to Boucher Street resulted in citations or arrests. That streak was broken when Larry Halstead, an activist and unhoused Camp Fire survivor with Stage 4 cancer, was ticketed for “camping in a regulated area” when he refused to move his belongings from the Boucher Street property.
“I’m looking forward to taking the fight to the courts,” Halstead said March 6.
Some advocates believe such citations are a boon to legal challenges being mounted against the city, of which there are two in the works. Attorney Kelli Johnson said last week she intends to file paperwork against the city soon. Legal Services of Northern California
(LSNC) is also reportedly working up a case. As of March 2, LSNC’s Cory Turner said he was unable to comment about that legal challenge.
WELL CONNECTED
Interviewed by phone March 5, Berry said the citizen’s arrest letter was never meant to be seen by the public, which is why he sent it to the city manager, city attorney and police chief rather than the City Council. He said Huber shared it on social media and engaged in media interviews, and is therefore responsible if the letter moves anyone to take action and attempt to make an arrest.
“The intent [of the letter] was to facilitate a conversation between the management/leadership of Chico for them to internally decide how they wanted to handle the fact that one of their City Council members was out there violating the laws they’re sworn to uphold.
“That was [Huber’s] decision to publish the letter and to handle it that way, so any encouragement that comes from the letter, I suppose, would be on Scott.”
McLaughlin expressed concerns about what influence Berry might have with the City Council and the police department, and said those connections potentially allow him better access to officials than the average citizen. She said Berry’s endorsement and clout helped elect the four conservatives who won City Council seats in last year’s election, that Berry was a member of former Mayor Ann Schwab’s Policing Review Ad-Hoc Committee, and he served on the Police Community Advisory Board (PCAB) for the past few years.
The PCAB consists of a dozen community members appointed by the police chief and is aimed at facilitating better communication between the police department and the community. Other members include conservative Vice Mayor Kasey Reynolds and Julia Yarbough, a former Action News Now reporter who previously worked as the Press Information Officer for the Chico Police Department. Crystal Peppas, administrative assistant to Madden, said that the board has been in a state of flux since Madden took the helm of the CPD last August and will likely be reformed soon with a new mission statement and objectives.
Jovanni Tricerri, the PCAB’s chairperson, confirmed March 5 that Berry is no longer part of that board. He said Berry left the board within the last month by “mutual agreement” between Berry and Chief Madden. Berry didn’t comment further on his role with the PCAB, referring the CN&R to Madden and saying “I don’t speak for the CPD.” Madden was unavailable for comment as of press time.
Berry said he’s unsure if he will attend future sweeps with the intent of making citizen’s arrests. He also refused to comment on whether he carries a weapon: “Nobody that has a [concealed weapons] permit or carries a weapon is supposed to tell anyone … I’m not allowed to under the system, so, ‘No comment,’” he said.
Sgt. Paul Ratto, head of the Chico Police Department’s Target Team, speaks to a camper during the March 2 sweep of Lower Bidwell Park.
THE REAL DEAL
Questions of citizen’s arrests aside, two protesters met with real consequences for acts of civil disobedience last week.
Robert Van Fleet was arrested outside of City Council Chambers minutes before the council’s meeting was scheduled to begin at 6 p.m., on March 2. Chris Nelson received a citation. Both are charged with resisting or obstructing a police officer.
The charges stem from the pair’s participation in a protest at the council meeting aimed at the city’s ongoing homeless encampment sweeps under the direction of the conservative-majority council. It was also intended to recognize the 18 members of the homeless community who are known to have died in the last year.
The protest included a “die-in,” in which about a dozen people laid on the ground with blankets and pillows. Nelson and Van Fleet laid at the bottom of the steps between Council Chambers and the city’s Municipal Building. Police asked them to move, but the pair held fast.
Nelson was spared arrest when she agreed to move by 6 p.m., and she reported to Facebook that two officers delivered the citation to her home the following day. Van Fleet was arrested, handcuffed and taken to the Chico Police Station, where he was released within an hour.
The protest began at 5 p.m. and attracted more than 50 participants. A cadre of nine officers—including Madden—arrived at 5:39 p.m.
Police trying to move Van Fleet said he was blocking entrance to the steps, but several protesters walked through without issue to demonstrate that wasn’t the case. Councilman Sean Morgan, escorted by Madden, also passed by Van Fleet unobstructed.
Interviewed the following day, Van Fleet said he made a conscious decision to get arrested while lying on the concrete.
“I think those of us who are trying to make a difference need to step up our game,” he said. “I think we need to be a little bit more assertive and aggressive. Civil disobedience, which I’ve been involved in with other issues, is often where real solutions come from. It’s not usually government or other agencies that make significant change, its people in the streets willing to make some sacrifice to stand up for what they think is right and what they think is wrong.”
Van Fleet’s final charges don’t match with what officers on the scene told CN&R was the cause of the arrest. CPD Lt. Mike Williams—who identified himself as the lead officer present that evening—said Van Fleet was arrested for “a city ordinance violation, then [Van Fleet] failed to identify himself.”
When Williams was unable to recall the specific code violation, another officer cited section 9.44.018 of the city’s Municipal Code, “obstructing the entrance of a building.” That violation is part of the offenses against public property ordinance, which the city adopted in 2015 and critics say is designed to criminalize homelessness.
As all this conflict has played out, there still have been no new emergency shelter options provided by the city—and among other local agencies, only the 20 or so beds opened by Safe Space Winter Shelter starting Feb. 7 have been added since the sweeps began. Several campers evicted from Lower Bidwell Park last week reported they’d contacted the Torres Community Shelter and were told there is a significant waiting list.
The last two remaining large encampments—at Windchime Park on Humboldt Avenue and the Comanche Creek Greenway—have grown exponentially as campers are moved from other areas. With the city seeming to hold a steady course on clearing camps, more 72-hour eviction notices and more conflict seem imminent. Ω
Chico City Councilman Scott Huber helps campers at The Triangle move on Feb. 4.
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