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Long-term Problems Calaveras County Did Not Address in a Timely Manner
And Some Suggestions to Help Ourselves as We Advocate for Change
Below you will find a list of long-term problems Calaveras County has neglected to appropriately address in a timely manner in the 21st century. You will learn how the 2019 General Plan Update (GPU) fails to address most of these longstanding problems as well. However, you will also find examples and suggestions for how individuals, families, businesses, and non-profit organizations like the Calaveras Planning Coalition (CPC) are helping or can help to address these problems and contend with the consequences of the County’s neglect.
Successive supervisors have exercised the option to do nothing for decades and created conditions that resulted in residents of Calaveras County becoming victims of wildfire, crime, unsafe roads, and flooding. It’s time for our supervisors to provide for the safety of our citizens, friends, and neighbors.
Many of the County’s failures involve problems that require coordinated action to address. No one of us can build a new bridge in Copperopolis or preserve a network of wildlife habitat. However, there are many things we can do as individuals to make up, in part, for the County’s failure to take coordinated action in a timely manner. If we work together, perhaps we can avoid being the next citizens abused by the County’s neglect and keep Calaveras a pleasant place to live, work, and play.
Click to jump to an issue:
- A) Public Safety Failures
- B) Failures to Construct Infrastructure
- C) Failures in Community Self Determination
- D) Affordable Housing Failures
- E) Resource Conservation Failures
- F) General Plan Failures
A) Public Safety Failures
1) Wildfire Fire Safety: Since the Stanislaus Complex Fire burned 146,000 acres around Yosemite in 1987, people have been concerned about the number of new residences sprawling into the highly combustible forest. ( Wildfires nature’s way of cleaning house, Nickles ) On October 12, 2006, Mintier and Associates (later named Mintier-Harnish) completed its review of the current Calaveras County General Plan which had been adopted in 1996. This review revealed that the Safety Element of the plan failed to meet four critical fire safety requirements, because it did not include necessary background information and policies related to evacuation routes; peak-load water supply requirements; minimum road widths; and clearance around structures. (Attachment 5.1 – 2006 Mintier Evaluation of 1996 General Plan, pp. 42-44.)
Mintier-Harnish was also hired in 2006 to update and improve the deficient 1996 General Plan. Instead of the General Plan Update (GPU) taking two to three years as initially anticipated, the GPU dragged on for 13 years in part because the Mintier-Harnish plan, which was 90% complete in 2011, was abandoned and the nearly $1 million paid to Mintier-Harnish was wasted. For reasons that have never been clear, the Board of Supervisors decided to hire new consultants to rewrite the plan.
The next draft plan was completed in 2014, but CalFire found deficiencies in the draft safety element in every one of its 9 review categories. (Attachment 5.2 – CalFire Review of 2014 Safety Element.) The GPU approved in 2019 still suffers from many of the same deficiencies pointed out by CalFire in 2014. (Attachment 5.3 – 2019 CPC letter to Board of Forestry.) One of the reasons for the legal challenge to the 2019 General Plan Update by the CPC is the County’s failure to properly address fire safety and emergency evacuation. (Attachment 5.4 -Petition for Writ of Mandate, pp. 61-62, 68-79, 75-80.)
On September 9, 2015, the Butte Fire began moving through Amador and Calaveras counties. Ultimately it burned over 70,000 acres, destroyed 921 structures (including 549 homes), and caused two deaths. The fire caused an estimated $450 million of property damage and changed the lives of everyone who lived through it. County supervisors’ failure to complete legally required parts of the substandard 1996 General Plan, their delay in correcting fire safety plan deficiencies, and their failure to expeditiously implement fire safety programs contributed to the devastation of the Butte Fire.
Though some work has been done to reduce vegetation along some roads and a cell phone app has been developed to help people find evacuation routes during emergencies, no complete network of evacuation routes has been approved by the BOS to date. Thus, eight years after the fire, there is still no comprehensive, maintained, and effective network of countywide evacuation routes available to the public.
It is especially important to keep traffic moving on evacuation routes along major roads connecting communities so that people can get to designated evacuation centers. The gruesome photos of dead bodies charred in cars trapped on blocked evacuation routes in the 2018 Camp Fire that raged through the town of Paradise got some people’s attention to the issue. The Calaveras Council of Governments (COG) is now studying priority projects for evacuation route maintenance, but our supervisors have still not committed to ever identifying a basic countywide network of evacuation routes.
The good news is that individuals, families, and businesses can do a lot for fire safety. See brochures on our website on preparing for evacuation, defensible space, hardening your home against wildfire, becoming a fire safe community, and making your office more fire safe: htttp://calaverascap.com/personal-action-information-ideas-education/. You can also become a Red Cross volunteer or a volunteer firefighter. Learning CPR and first aid can also help your family members and neighbors as you await emergency responders. You can support the fundraising efforts of your local fire district.
2) Law Enforcement Impact Fee: In 2006, the Sheriff began recommending against the approval of residential development projects, because developers were not contributing impact mitigation fees to cover the capital costs of additional law enforcement staff. (Attachment 3.1 – Sheriff Opposes Project without impact fees.). On May 13, 2008, the Sheriff provided a nexus report to the BOS sufficient to approve an impact fee. The Board refused to approve the impact fee. It has never been approved since.
The 2019 General Plan Update indefinitely defers the adoption of this fee. (Attachment 3.2 – It helps to pull in the same direction.) This planning failure is among the legal challenges from the CPC to the 2019 General Plan Update. (Attachment 5.4 -Petition for Writ of Mandate, pp. 67-72, 106.) In 2020, the Sheriff again warned the Planning Commission of the adverse public safety consequences of approving more residential subdivisions in the absence of a law enforcement impact mitigation fee. This neglect invites casualties. When law enforcement is stretched thin, it means longer response times and less effective crime prevention. Personal property is stolen and personal injuries are sustained. Both lives and property are much more at risk.
The good news is that individuals, families, and businesses can do a lot to help law enforcement. Home and business security systems and security lighting can deter crime and collect valuable evidence. You can start a Neighborhood Watch or a Business Watch to deter crime. You can join the Sheriff’s Volunteer unit. Avoid driving under the influence or driving distracted. Try to avoid violent confrontations by calmly treating people with respect, gratitude, and love. If you or somebody you know needs help to overcome an addiction or counseling to treat a mental health condition, get the help before the situation escalates into criminal behavior.
3) Cosgrove Creek Flooding
In 2006, Cosgrove Creek flooded near Valley Springs causing damage to many homes. The County completed a study with recommendations for how it should deal with the problem. Unfortunately, no Flood Control District was formed, no flood control project got approved for Cosgrove Creek, and little channel maintenance has been performed. In addition, debris was illegally dumped into the creek reducing the capacity of the channel. (Attachment 6.1 – Flooding is a Result of Poor Planning.)
The 2019 General Plan does not include the required comprehensive set of objectives to protect communities from the unreasonable risk of flooding. This is among the reasons that the CPC filed suit challenging the 2019 General Plan Update. Not surprisingly, in 2023 Cosgrove Creek flooded again and caused more extensive damage to a greater number of homes. (Attachment 6.2 – Mitigating Flood Risk).
B) Failures to Construct Infrastructure.
1) Copperopolis Bridge: The County was planning a $62 million new Copperopolis Bridge mostly funded by federal money. This would facilitate additional development in Copperopolis. In May of 2013, the Board of Supervisor’s vision for future growth was to have a Copperopolis with 20,000 additional people by 2035. (Attachment 7.1 – May 2013 CPC’s Final Growth Numbers Letter, p. 2.) But by May of 2014, the County had not raised the $10 million local share for this bridge and some smaller road projects, and the bridge has never been built. (See Attachment 7.2 – Millions in Road Projects on hold.)
2) Valley Springs Bypass: The 1974-75 Valley Springs Community Plan called for a bypass to allow through traffic on Highway 12 to bypass downtown Valley Springs. Nearly 50 years later, the County has not only failed to work with Caltrans to construct the bypass, the County has not even identified a preferred route for the bypass. The 2019 General Plan Update calls for identifying the preferred route but does not include any deadline for doing so.
C) Failures in Community Self-determination
1) Copperopolis Community Plan: On October 16, 2006, the Board of Supervisors resolved to approve community plans in District 2 in the same time frame as the Valley Springs Community Plan and the Copperopolis Community Plan already underway. (See Attachment 4.1 – 2019 CPC letter to BOS re Community Plan Element problems and solutions, p. 11-13.) The District 2 community plans were approved in 2019. At that time the BOS said the next top priority community plans for completion were the plans for Valley Springs and for Copperopolis. The Valley Springs Community Plan was adopted in 2020. Neither the 2005 nor the 2013 draft Copperopolis Community Plans have been adopted. Only a land use map for Copperopolis is in the General Plan. (See Attachment 4.2 – Community Planning Element, pp. CP 1, CP 2, and CP-9.) The failure of the 2019 General Plan to include a community plan for Copperopolis is among the reasons the general plan is being legally challenged. (Attachment 5.4 -Petition for Writ of Mandate, pp. 72-74, 83.)
Frustrated residents drafted a Copperopolis Community Plan and submitted it to the Planning Director in September of 2022. In May of 2023 the County circulated its own draft plan for Copperopolis. Individuals, families and businesses can participate in the County’s public meetings or submit written comments as the plan is reviewed by the Planning Commission and considered for approval by the Board of Supervisors. Subscribe to our twice-monthly ReCAP newsletter to stay up to date on this community plan process, or look for notices regarding this process on the home page of the CAP/CPC website: https://calaverascap.com/.
Democracy may be the biggest victim here. In the absence of a plan, today in Copperopolis the land use, housing, traffic, conservation, open space, safety, and noise level for future residents can be determined on an unpredictable case-by-case basis by the preferences and votes of three Supervisors who do not live in the community, who do not answer to the residents of the community through the electoral process, and who exercise that power without the guidance provided or limitations imposed by a plan drafted by local citizens.
2) Elimination of Highway 4 Corridor Community Plans: In 2007, the County hired Mintier and Associates to complete a general plan update which was to include an update of the existing community plans on the Highway 4 corridor that had been in place for years. These plans were intended to direct community development and reduce development impacts. In 2011, the County allowed the Mintier-Harnish contract to expire and in 2012 hired a new general plan contractor.
In June of 2015, the Board of Supervisors indicated that the Highway 4 community plans would be eliminated with the approval of the new general plan, and the 2016 Draft General Plan calls for this elimination. (See Attachment 4.1, pp. 7, 8, 11 & 14.) The plans were removed without replacement in 2019. (See attachment 4.2 – Community Planning Element, p. CP 1 and CP 2.). The 2019 General Plan is being legally challenged by the CPC, in part, because of the County’s improper elimination of these community plans. (Attachment 5.4 -Petition for Writ of Mandate, pp. 72-74, 107-109. 135, 140-141.)
This overt act left the communities with no means of identifying the priority items they wanted County help to achieve. It also removed the protection of policies that reduced the impacts of development. Again, democracy is another victim here. Today in these communities, their land use future can be determined by the votes of three Supervisors who do not live in their communities, who do not answer to the residents of these communities through the electoral process, and who exercise that power without the guidance provided or limitations imposed by plans drafted by local citizens.
If you live in a community on the Highway 4 corridor consider gathering a team of residents to draft a community plan. A couple of the prior community plans for the area can be viewed on our website: https://calaverascap.com/planning-documents/community-plan-documents/. Community plans for other communities in Calaveras County can be seen in the General Plan’s Community Planning Element. (See Attachment 4.2.)
D) Affordable Housing Failures
According to the California Department of Housing and Community Development (HCD), “California’s Housing Element Law acknowledges that, in order for the private market to adequately address the housing needs and demand of Californians, local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing development. As a result, housing policy in California rests largely on the effective implementation of local general plans and, in particular, local housing elements.” Jurisdictions can opt to update their housing elements every five years or every eight years.
In 2010, the County passed a Housing Element to help promote affordable housing production. It included a number of actions the County was supposed to do by 2015. In 2015, the County passed another Housing Element. The 2015 Housing Element identified numerous tasks that were not done due to “the lack of staff and financial resources.” It acknowledged this was also a problem from 2005 to 2010. (See Attachment 2.1 – 2015 Housing Element, pp. 120-135.) In 2019, the County passed another Housing Element. The document includes a list of all the things the County failed to do over the prior five years. Some were deferred until after GPU approval when a Zoning Ordinance Update will be completed. That Zoning Ordinance Update is still in the works 4 years later in 2023. The 2019 Housing Element also attributes some of the failures of the 2015 Housing element to lack of staff and funding. (See Attachment 2.2 – 2019 Housing Element, pp. 114-128.)
This neglect also has its victims. Every year these programs do not get implemented means hundreds of local families are homeless or under housed. (See Attachment 2.1, pp. 61; Attachment 2.2, pp. 62.) In addition, HCD notes “State funding programs for transportation, infrastructure, and housing often require or consider a local jurisdiction’s compliance with Housing Element Law. These competitive funds can be used for fixing roads, adding bike lanes, improving transit, or providing much needed affordable housing to communities. In some cases, funding from state/federal housing programs can only be accessed if the jurisdiction has a compliant housing element. In other cases, a compliant housing element is not a requirement in order to apply for funding; however, those applying for funding will receive extra points on their application if they do have a compliant housing element (thereby increasing their chances in the competitive application process).”
Tragically, homelessness makes it difficult for people to receive the assistance to get out of homelessness. Under-housed families often pay too much of their income to live in overcrowded and substandard conditions that can put stress on marriages and other family relationships. This can impede childhood development and lead to emotional problems later in life. Many local workers must live in other counties and spend a lot of time commuting to Calaveras for work. This reduces the time they have to raise their children. If families are the bedrock of our society, then inadequate housing is fracturing our bedrock.
There are some steps that individuals, families, and businesses can take to help relieve the shortage of affordable housing. You can contribute to the local Habitat for Humanity chapter that helps construct affordable housing in Calaveras County. You can construct a small second unit on your property to affordably rent. You can refrain from converting homes to Airbnb’s or other short-term vacation rentals.
E) Resource Conservation Failures
1) Habitat Conservation Plan: By 1997, it was clear that development in the Sierra Foothills was gobbling up wildlife habitat and threatening the survival of species. (Nickles, Nature in Peril ) In late 2005, the United States Fish and Wildlife Service contacted the County indicating that the process of routinely issuing project-by-project incidental take permits was no longer going to work efficiently and effectively for Calaveras County and recommended that the County develop a Habitat Conservation Plan (HCP) for federally endangered species. By June 2006, the County and local developers were working with John McCaull, and he had drafted both a process for completing an HCP or NCCP (Natural Communities Conservation Plan) and an agreement with the State and Federal governments for collaboration in the process. (See Attachments 1.1 – Draft HCP Phase One Proposal and 1.2 – Draft HCP planning agreement.)
The County got a grant to complete the project from the Sierra Nevada Conservancy. The HCP/NCCP was never finished. On February 18, 2010, Planning Director White reported to the Planning Commission that dozens of private development applications were being held up by the lack of an HCP. These projects were the casualties of this neglect. In 2013, the BOS paid a portion of the grant money back to the Sierra Nevada Conservancy.
The good news is that individuals, families, and businesses can help provide habitat for wildlife and wildflowers. The California Native Plant society provides you with guidance in selecting and purchasing native plants for your garden, including ones that support pollinators like butterflies and bees: https://www.cnps.org/gardening. The Audubon Society provides guidance and products to provide food and homes for wild birds: https://www.audubon.org/marketplace.
2) Resource Production Land Conservation: In 1997, ranchers and conservationists were working together to conserve rangeland in Calaveras County. (Nickles, Conservationists want to keep homes off the range ) In 2006, the County’s Williamson Act program to conserve agricultural land was audited by the State of California. Many irregularities were discovered. In 2008, the Issues and Opportunities Report identified open space and agricultural land conservation as key issues to address in the general plan update. To help address these issues the Agricultural Coalition presented the County with a draft Agriculture Element for the GPU. In addition, they provided two appendices. One provided a process for evaluating the loss of agricultural land caused by a development. The other provided a mechanism for mitigating this harm by securing conservation easements on other agricultural lands. Ultimately, the draft element became the Resource Conservation Element of the 2019 General Plan Update.
The County agreed to use the first appendix as the interim guide to evaluate the loss of agricultural land by a development. However, the County refused to adopt the mitigation appendix and deferred the adoption of its replacement indefinitely. Also, the 2019 GPU fails to include the required map or parcel listing that depicts a network of agricultural lands that are a priority for long-term conservation. The plan also fails to include any of the required objectives to support that long-term conservation. These failures are among the reasons the CPC filed a legal challenged to the 2019 General Plan Update. (Attachment 5.4 – Petition for Writ of Mandate, pp. 59-61, 131-132.)
In the meantime, individuals, families, and businesses can take steps to help protect our agricultural lands. Take the steps the Chamber of Commerce encourages in its “Choose Calaveras” campaign. Purchase meat, dairy, and produce directly from local suppliers individually, at your local farmer’s market, or by subscription. Contribute to the Mother Lode Land Trust that helps to secure conservation easements on local agricultural lands.
3) Water Conservation: In 2008, the Issues and Opportunities report indicated that water conservation was a key issue to be addressed in the general plan update. The County agreed to work with the Calaveras County Water District and a stakeholder’s group to draft a water element for the GPU. The draft Water Element was completed in 2009. It called for completing a water conservation program between 2015 and 2020.
In 2012, the Board of Supervisors reversed its prior decision and excluded the water element from the general plan. The 2019 GPU calls for development of a county-wide water conservation program but provides no deadline for completion of this program. The failure to address this critical planning issue is among the reasons the CPC filed a legal challenge to the 2019 General Plan Update. (Attachment 5.4 -Petition for Writ of Mandate, pp. 67-72.)
For water conservation tips you can implement at your home or business go to the CAP Climate! page at https://calaverascap.com/personal-action-information-ideas-education.
4) Oak Woodland Mitigation Ordinance: In 2007, the County passed an Oak Woodland Management Plan. It included voluntary actions for people to take. It promised that it would be followed by an Oak Woodland Mitigation Ordinance so that oaks lost to new development would be replaced. (See Attachment 8.1 – County Supervisors Want Ordinances Dusted Off, p. 3.) The ordinance was never completed.
Over thirteen years later, a draft ordinance is now under review by the Hardwood Advisory Committee. (Attachment 8.2 – Draft Oak Woodland Mitigation Ordinance.) People can participate in this ordinance review and approval process. Visit the CAP/CPC website or subscribe to the twice monthly ReCAP digital newsletter to get notice when this ordinance goes to the Planning Commission for review and the Board of Supervisors for approval.
In the meantime, individuals, families, and businesses can take steps to help protect our oak woodlands. A developer can make an effort to locate development on a site to minimize the loss of oak woodlands. An owner of oak woodlands can receive funding to enter into a conservation easement to maintain the oak woodland over the long-term. You can keep some healthy native oaks in your garden rather than replacing them with other trees.
5) Dark Night Sky Ordinance: In 2009, the County considered a Dark Night Sky ordinance to reduce light and glare pollution that blocks out the view of stars at night. (Attachment 8.1 – County Supervisors Want Ordinances Dusted Off, p. 3.) While such an ordinance was discussed by the Planning Commission on November 9, 2009, it was never completed. Since then, more and more residents have lost their star-filled night skies to light and glare from improperly mitigated light pollution. Supervisors know how to fix the problem; they just don’t do it.
In the meantime, individuals, families, and businesses can take steps to help protect our dark night skies. When installing new outdoor lighting or replacing old outdoor lighting consider using fixtures that meet the standards recommended by the International Dark Sky Association: https://www.darksky.org/our-work/lighting/lighting-for-citizens/lighting-basics/link.
F) 2019 General Plan Update Failure
In 2019, the County finally adopted the general plan it started in 2006. Rather than confronting its planning challenges and adopting policies and programs to resolve them, the 2019 plan resulted in a 34-page list of over 200 planning tasks, the vast majority of which are to be completed at some unspecified time in the future. (Attachment 10.1 – General Plan Implementation Program.) The only priority given to these items is the dozen that get chosen by the Board of Supervisors each year for top priority. (Attachment 10.2 – 2022 Staff Report for GPU Implementation Hearing.) As described in more detail above, the partial list of deferred issues includes fire safety, emergency evacuation, community plan adoption, agricultural land conservation, and wildlife habitat protection. The indefinite deferral of critical planning issues is among the legal challenges to the 2019 General Plan Update. (Attachment 5.4 -Petition for Writ of Mandate, pp. 67-72.) As noted above, there are actions that individuals, families, and local businesses can take to help address some of these challenges in your own community.
G) Conclusions
People are used to politicians making promises they do not keep. However, these are not mere political promises. Land use law requires that cities and counties confront their most pressing planning issues and commit to resolving them by implementing policies and programs. The County’s refusal to confront and resolve these and other critical local planning issues is a central theme of the CPC’s litigation against Calaveras County. (Attachment 5.4 – CPC Petition for Writ of Mandate, pp. 36 – 45, 67 – 83.) Calaveras County is long on vague promises to do unspecified things at unspecified times but falls very short on follow through.
As expressed above in the housing elements (Attachments 2.1 & 2.2.), the County likes to claim institutional poverty as its excuse, but the County does not even bother to apply for the many state and federal funds available for such programs. (Attachment 11.2, Memo to BOS and GPU DEIR Fixes, pp. 7-10.) The County also refuses to hire sufficient staff to apply for the funds. (Attachment 11.3, Press-Release -BOS-January-26-2021-GPU-Implementation, p. 2.) If the County coffers are empty, it is a self-imposed poverty induced by those who believe that the best governments are small and do little.
As mentioned previously, only a dozen or so implementation priorities are set annually by the Board of Supervisors. Some measures take multiple years to complete and thus stay on the priority list for some time. Perhaps the worst aspect of the County’s 34-page list of implementation measures is the set of measures that are deferred indefinitely. The list does not identify which of these measures the County intends to do in a timely fashion, which it intends to postpone, and which items it never really intends to do at all. At least that information would help individuals, families, the private sector and the non-profit sector to know what important tasks are left to their efforts alone.
To be fair, since the CPC filed the lawsuit against the 2019 General Plan, the County has done a better job of getting things done and getting outside money and consultants to do them. They adopted the Valley Springs Community Plan and adopted a new zoning map that mirrors the 2019 GPU land use designation map. The Calaveras Resource Conservation District (RCD) has gotten grants to improve defensible space on a few projects countywide. The Council of Governments (COG) is working on a priority list of roads to improve for evacuation safety. The County is working on a Greenhouse Gas (GHG) reduction plan, an oak woodland conservation ordinance, and a zoning code update. However, the implementation pace is too slow to complete the 34-page list of implementation measures any time in the near future. (Attachment 11.4 – Press release – January 23, 2020 GPU Implementation, p. 2)
The overarching institutional problems remain. With the exception of the Housing Element, there is no commitment by the County to identify the objectives of each program, e.g., the number of miles of evacuation roads to be cleared and maintained, the number of acres of rangeland to conserve long-term, the number of acres of habitat to put under conservation easements, the amount of energy to produce locally, or the number of homes to retrofit for fire safety. There is no commitment to identify the staff needed and determine the costs to achieve each program objective. There is no commitment to identify a timeframe for implementing each program. There is no commitment to get the funds and hire the staff to complete tasks in a timely fashion. (Attachment 11.5 – GPU Needs Implementation Staff.) It is like making a shopping list but never going to work to earn the money and never going to the store to buy the groceries and, therefore, never cooking the meals. In such a household people would go hungry.
Other cities and counties do these things as part of their general plan processes. Some rural counties even have an entirely separate department with separate staff dedicated to implementing these long-term general plan programs. The State has a general plan cookbook that shows how to do these things and provides links to communities that have done them successfully. (Attachment 11.6 – 2017 General Plan Guidelines.)
It is the responsibility of our local government representatives to follow through on general plan implementation in a timely fashion. They need to secure available State and Federal funds, hire necessary staff, and make Calaveras County a better place for all.
In the meantime, for the sake of ourselves, our families, and our neighbors we can all make an extra effort to take up the slack resulting from County government inaction. Together we can do more to protect our communities from fire and crime, to improve the safety of our roadways, to help Habitat for Humanity make housing affordable, to conserve water and energy, to help the Mother Lode Land Trust to conserve agricultural land, and to improve native plant and wildlife habitat in our own backyard. Thank you for all you do to keep Calaveras County a pleasant place in which to live, work, and play.
(Updated July of 2023)
