HomeMy WebLinkAboutM022482February 24, 1982
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RECONVENE: The Board of Supervisors reconvened at 1:30 p.m. pursuant to
adjournment. Present: Supervisors Dolan, Saraceni and Chairman
Wheeler. Clark A. Nelson, county clerk-recorder, by Nancy Wilson,
deputy clerk. Absent: Supervisor Moseley
BUDGET DISCUSSION: AIR POLLUTION CONTROL PROGRAM TO REMAIN LOCAL, THE PROGRAM
SHOULD BE FUNDED THROUGH INCREASED FEES, AND FORM COMMITTEE TO CONSIDER A
PROPOSED FEE SCHEDULE
The discussion of budget information relative to the Air Pollution
Control Program with implementation of a €ee schedule or discontinuance of
the program operation was held at this time-.
Chairman Wheeler indicated this would be one of many sessions
discussing the different budgetary considerations as it pertains to the
deficit in the budget. They will be discussing the Air Pollution Control
Program today. Recently a public hearing was held regarding increased fees.
They know how the public feels. It was felt there were a lot of misunder-
standings at the hearing because of the advertisement that was published.
Mike Pyeatt, interim administrative officer, summarized the issue.
He has met with County Counsel and Mr. Bandy. At budget hearings last year
Mr. Bandy was instructed to prepare a fee schedule. The other alternative
was to notify the state if they felt they were unable to continue with the
program beyond June 30. The funding for 1981-82 was approximately $147,000
of which the county contributes approximately - two-thirds.
Since they sent out the memo Mr. Bandy has received a response from the state.
The state feels the program should be administered at the local level and it
becomes quite difficult with the financial situation at present. It is possible
the state will cut back the subvention funds 80 percent, from $34,000 to
approximately $12,000 which is minimum for a.district.the size of Butte County.
Joe. Bandy, air pollution control officer, stated approximately one
year ago the district prepared permit fee schedule for commercial operations,
industrial, manufacturing processes and what else was necessary. That fee
schedule was also voided through the public hearing process. In January they
came back with a fee schedule which did not reflect the agriculture burning
and because of public sentiment it was rejected. Tt is down to where the
county will fund the program through the General Fund or be funded through.
additional fees. The other alternative is to notify the ARB the county cannot
fund the program at the local level. He has discussed the issue with County
Counsel. He would personally oppose a resolution or action. As the Air
Pollution Control Officer he would let it die and do nothing.
Chairman Wheeler stated the public was adament about the proposed
fee schedule. She questioned if when the proposal was put together, were other
individuals within the community contracted for input. Were they aware that
the state would in and take the program over.
Mr. Bandy stated from the comments made at the hearing it was felt
the fees should be funded through the General Fund. There was concern about
the annual permit. The present permit fee of $50 was put through about 10
years ago. Air pollution is not similar to a building permit. Air pollution
is a day to day on-going occurance. They must comply with the California Clean
Air Act, it is a federal act.
Richard•Booth, air pollution engineer, stated the fee. schedule presentee
n January was a different concept. They were updating the present fee schedule.
t was based on emissions, which is a fee paid based on emission. They felt
t was most equitable. They have to make the determination based on the air .
low or BTU's, which is what they most agreed upon. That is the reason he
ame in with an operating schedule for BTU's and size of storage. The sche~iuie
s throughout the state. The state allows a small office without engineers -'=-
n staff to look at the pay of equipment. He had copies of the fee scki'edule
hich he presented to the Board at this time. It is basically the same as the_
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only longer for the boilers.
Supervisor Dolan stated she would like a list of the review that
is required of staff that is not d°overed by fees. There must be something
more required of staff such as benefits lending technical assistance to
those with stationary sources, other than just billing it.
Nir. Booth stated they visit these sources a minimum of four times
a year. They usually have to .update the records for the computer file.
Service stations are visited one time a year. When they visit Louisiana .
Pacific they have four wood fire boilers. They must inspect two times a
year for complete inspection. They must be shut down and then go through
the whole operation and records for-the entire year. If they are out of
compliance, they have to go to a source test. It takes days to pull, one
sample. They must investigate the almond hullers. It takes three individuals
two days to complete the tests.
Chairman Wheeler stated the people are speaking to the restrictions
and regulations as well as time involved. If the program ~s not handled
locally, it will be by the state and they will not do the same thing. The
public will still be paying.
Mr. Pyeatt stated Mrs. Sidney Thornton spoke at the January hearing
and indicated the balance of what the state had sent the county would be
taken as well as funds the county had allocated for the functions of the
program.-.. For next fiscal year there will be a minimum subvention funds
of $12,000 to off set the costs and to initiate the fee schedule. They
possibly could go to the courts for additional funds.
Supervisor Saraceni felt the regulations were a burden and they
have been supplying funds to do the job for only one-third of what they are
asking for.
Phr. Booth stated the state has implied the rules could be stricter
than are .presently enforced. Some of the non-attainment rules were so
stringent they did not present them to the Board.
[~Ir. Bandy stated there was a hearing held in Sacramento for guide-
lines. The local Board of Supervisors sit as the controling local board.
They do adopt local rules. But the ARH does adopt certain rules where they
have to go in and do a source test for compliance and they must be charged.
Otherwise it would be a civil penalty which would involve the District
Attorney and County Counsel to prosecute. The state will do the same.
Supervisor Saraceni questioned what was going to happen to people
that do not have the funds. They are being the third man and the go between.
He questioned if the state should hear the complaints of the costs to the
people at this time. So they can know what kind of burden the regulations
are imposing.
Chairman Wheeler felt this was a political animal. Changes definately
have to be made. They are over regulating laws. She felt if they keep the
program locally, maybe they should go back and look at the fees and include
the public to assist staff.
Mr. Bandy stated prior to the January hearing he spoke to many
individuals who contacted them at the office. People tied in the agriculture
burning with the burn barrels.
Supervisor Dolan stated it is not 100 percent mandated. There is a
tug of war, it is no where close to 50/50. She does not want to lose the
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local control and tell the state they do not~want it because of resources.
ter. Pyeatt stated it would take approximately one to one and one-
half years before the whole program with the fee funding would be realized
in the county budget. Is it going to be a General Fund supported department
is the real issue.
Mr. Bandy stated most of the statues are in the Health and Safety
Code. Recently there has been more cooperation between the ARB and the
county. He did not feel there was any way possible to function with any
reduction of funds. Their staff is very minimal. There is four full time
staff people plus the clerical help. There is tremendous record keeping.
The state could withhold the subvention funds. In the event a district
does not perform their duties the ARB will come in and there would be a
45 day required public notice to assume control of the program in the district.
Supervisor Dolan stated she did not want to give it back to the
state. It was important they hire and maintain the local staff. People
have complained about their neighbors burning. People want and ,deserve
clean air. The user fees are less-than 2 percent. Seventy percent is local
funds, 28 percent state and 2 percent user. The General Fund or the user
fees must go up. There are commercial, industrial and agriculture, they are
not talking about open field burning now. The fee for one year is $10 for
agriculture burning.
trir. Booth stated they have discussed with County Counsel the
decision that came out of Ventura is the best position of the Board.
It is to basically leave alone the hullers and commercial unless it is
an operation or coop.
Chairman Wheeler felt there was a lack of .understanding by the
groups of citizens.
Supervisor Saraceni stated they should also be concerned about
the state's economy. They also should look at peoples economic s. and paying _
their bills_ They must look at every alternative to make it less expensive
for the county. They should help lower costs.
Mr. Bandy stated the people in industry are not willing to spend
any more time than is required to reduce the smoke. Tf there is no
enforcement agency then it becomes difficult.
Chairman Wheeler felt it had to be community involvement before
it could be accepted. They feel it is bureaucratic and do not like it. If
she had a choice she would rather be regulated by the county than•the state.
Supervisor Saraceni felt there was a need to have five people from
the community to look over and understand the situation and fee schedule.
Tnput should be given to the citizens of the community.
ttr. Bandy stated he had no problem with forming a committee, but
an issue could be studied to death. They are concerned about the close of
the program. They do not want it to drag out to July 1. Mr. Bandy stated
several of the people who spoke at the hearing had spent several hours in
his office discussing the fee schedule and program. He felt the point was
they were resisting any additional taxes for anyone.
Supervisor Dolan stated the industrial community understood, did
the City of Chico understand that this residential program was subsidized.
Mr. Bandy stated his staff was reduced last year. There has been
additional work. He has gon~sut :into the trenches.
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February 24, 1982
Supervisor Dolan stated the control they have is the level of fees.
The $10 permit is for agriculture burning, it is something they .do not want
to do. They could do just one part of it. She felt they should ask the
homeowner, city councils, OEDP members and ask them to have input. They
could ask the industrial community what level of fees.
Mr. Bandy felt no matter how many people were talked to, there
would not be an acceptable fee schedule. If the Board is to form a committee
he was concerned about the time frame. Mr. Bandy felt he had a very good
staff, the people of Butte County are fortunate. He would like the Board
to keep their future in mind in the event the county no longer can afford'
to operate the program.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, the policy of the Board of Supervisors of Butte County is that the
Air Pollution Program should remain local was approved.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, that some percentage of the Air Pollution Program up to 100 percent
should be funded with fees was approved.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, that the following organizations be contacted and asked for one or
two representatives from:
-~ OEDP (1 or 2) _
Agricultural Advisory Commission (1 or 2)
Cities (communicate with the Council of Mayors)-(1)
with the purpose being that they meet with one or two Board members, Air
Pollution Control staff and within one month advise the Board; basically
what fee schedule to adopt using the report and proposed fee schedule
developed by the Air Pollution Control office as a basis to advise them;
the questions :::would be: (a) should they do all three, (b) can they under-
stand the basis of all three. (c) should they do all three, (d) should they
start now with just the stationary source, (e) should they do the agriculture
one or not, and (f) should they do the residential one or not or all three
or one or two of the sources within the group, these kinds of questions;
with a group to consist of five or six people was authorized• with Supervisor
Dolan and Saraceni sitting on the committee.
RECESS: 2:55 p.m.
RECONVENE: 3:02 p.m.
354 (BUDGET DISCUSSION: TO NEGOTIATE WITH PRESENT ANIMAL CONTROL ON CONTRACT
III Discussion of budget information regarding the Animal Control
services was held at this time.
Mike Pyeatt, interim administrative officer, stated because of
budgetary problems they are looking for alternative ways to cut the budget.
In their memo they set out the basic maintenance as set out by the state.
There were seven levels of service. They are concerned about the time frame
if they wish to discontinue the service there must be 120 days written notice.
They can either negotiate or go out to bid. An alternate would be to increase
the amount of dog licenses for additional revenue or increase the amount of
Supervisor Dolan stated there was a question on the mandates. Axe
they state or county. They realize the services are reduced.
Mr. Pyeatt stated there is a patrol function in the Paradise Pines
area. There will be complaints'Y~~'the service is discontinued.
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February 24, 1982
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Steve Musselman, analyst, stated they are in the third year of the
contract. There are three animal control officers. It was questioned if
three officers could perform the mandated functions. When the county handled
the program there were four or five. This included the large area of Paradise.
There was a lot of response time. He felt there should be 3.5 for after hours
and on weekends. They feel they have done a good services in the last three
years. Does the Board want them to do more than is mandated. They were
questioning if the extra service could be afforded.
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Jack French, administrator, animal control, stated one of the reasons
the county contracted this service out was that public response prior to
their taking over was not-good. Presently there are three officers. There
were four officers three years ago. They are doing less than the public asks.
There has been increased population. Because of the reduction of staff they
have cut back their level of services. It is time consuming to discuss the
problems with dog owners and the complaining neighbors. They are involved
with law enforcement with the public. The City of Chico is handling their
problem with more people in less area. He would like to discuss the avenue
of increasing revenues. He has a difference of opinion as that of staff.
P4r. Pyeatt stated they are not in favor of going' back to the
Sheriff for enforcement. Discrestionary revenue is used for this service.
Their recommendation is on the rebid for the contract at two levels. The
existing fee structure and impounding fee increase and an increase in both.
He hoped if they negotiate an increase in li;eensing, the fact there is no
patrol in Paradise be considered.
Supervisor Dolan was against taking it back in-house. This would
increase the workload on the Clerk and Sheriff's offices.
Mr. French stated he really would not like to leave the contract
as is. They want to continue doing a good job. He did not care to discuss
his proposals in public befare negotiating. He felt the county computer
source could be of help for sticker labels. They are not interested in software.
Supervisor Dolan stated she was willing to go with proposal No. 2
for a reduced level of service.
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
carried, the county to negotiate with the present Animal Control Officer
on the current contract on the two issues, 1) for the increase of fees and
2) for computer services; to analyze of what reduction of services for a
reduction of costs was authorized.
Budget hearings continued to March 17, 1982 at 1:30 p.m.
RECESS: 3:41 p.m.
RECONVENE: 3:47 p.m.
JOINT MEETING VdITH CITY OF CHICO COUNCIL RE: DISCUSSION OF FINANCING OF LESS
THAN COUNTYWIDE SERVICES
A joint meeting with the Chico City Council regarding discussion of
financing of less than countywide services was held at this time.
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Chico City Council members present were: Shelton Enoch, Bill
Brashears, David Gazetti and Marty Worley.
Councilwomen Worley stated they had forwarded an agenda to the Board.
They are to discuss services for less than county wide areas which has been
around for quite some time. They are aware the county is looking at the
budget process. They are here to help or assist in any way they can.
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Chairman Wheeler stated there was the issue of using the municipal
renter services from the city.- There are some services which overlap. They
should find ways in which they do not overlap and there being less cost.
Supervisor Dolan stated they want to be equitable, but they have to
be realistic. They have a deficii~of $6 million. The bottom line is services.
Mike Pyeatt, administrative officer, stated there will be a proposal
before the Board next Tuesday regarding assessments for fire services. It
will be a direct tax. The fire department is looking at less than county
wide services as there is not the money.
Chairman Wheeler suggested they have a representative from the
city work with County Administrative staff to coordinate services. There
is the problem of fuel. The city is in the process of building a new law
enforcement facility and maybe they should look at their sharing control.
Mr. Pyeatt stated it is not only the Sheriff substation building,
but the micro wave tower and other equipment. The county owns the building,
he did not see where there could be a savings.
Councilman Enoch stated they were present to see if they could 6e
of help. He felt the problem was a county problem. If the city can, they
should be glad to help.
services.
Councilman Gazetti questioned how future development would effect
Mr. Pyeatt stated they are different codes for residential and
commercial. They have the annual adjustment to consumer price index to
consider. It will be spelled out in the ordinance.
Councilwomen Worley stated possibly city staff could discuss the
fire issue with county staff. it is difficult to supply the services people
expect and want. You are left with the decision of what level of service
to maintain.
Chairman Wheeler directed staff to begin by sitting down with
the city to try to resolve the issues and bring the proposals back to them
for consideration.
Mr. Pyeatt felt the root of the problem was the impact county taxes
throughout the county will have on services. It is hard to overcome.
Councilman Gazetti stated the county decided to urbanize certain
areas and now they do not have the money for the services. At the same time
people are reluctant to annex. He felt it was a county problem and they
should work together.
Hal Nelson, city manager, Town of Paradise, stated the Town Council
has discussed this topic. As the manager he is supportive of extending
services.
Councilwomen Ydorley indicated the Coolition had cancelled their
scheduled discussion.
Supervisor Dolan stated there would be a meeting on March 8, 1982
at 4:00 p.m. regarding Amtrak.
ADOPT RESOLUTION 82-35 - IN SUPPORT OF DISABLED PEOPLE
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
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February 24, 1982
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82- carried. Resolution 82-35 proclaiming support for disabled persons was adopted
.~ ', and the Chairman authorized to-sign. ~
AATOURNMENT '
There being no further business before the Board at this time the
meeting was adjourned at 4:23 p.m. to reconvene on March 2, 1982 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex-officio /~~
Clerk~ot the Board of Supervisors ~ ~ /_ /
By ~~~/~jOd?/l, ~ irman, Board of Superv- i~sors
Page 248.
February 24, 1982