HomeMy WebLinkAboutM081078August 10, 1978
RECONVENED: The Board reconvened at 8:00 a.m. pursuant to recessed meeting of
August 8, 1978. Present: Supervisors Lemke, Moseley, Richter
and Chairman Winstono Clif Mickelson,.lirrinistrative Officer;
Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk,
Margie Catt, Asst, Clerk of the Board.
78-1490 DISCUSSION OF COUNTY ASSUMING RESPONSIBILITY OF MAINTENANCE
AREAS 5., 7, 13 and 15
Dan Blackstock, County Counsel, reported that in reviewing the law conceming
the maintenance of Maintenance Areas 5, 7, 13 and 15, the Board had given assurance
that the work would be maintained. The Board had requested that the State Board of
Reclamation form these districts. He explained how the areas could be maintained.
Mr. Blackstock said he did not see how the County would be in a position this year
to maintain the levees with Public Works crews. Clif Mickelson, Administrative
Officer, reported that there would only be 50°l0 of the monies available so Public
Works would have to be able to do the work at z the cost of the State. He stated
fhat Bob Middleton, State Reclamation Board, would be present at 9:00 aom. to
report on this matter.
Supervisor Richter felt that the Board should state that the County does not
have the money to maintain the districts and that the State does have the money and
that it is their responsibility to maintain the areas.
Matter to be discussed when Mr. Middleton is present at 9:00 a.m.
78-1491 DISCUSSION OF FUNDING FOR STREET LIGHT MAINTENANCE DISTRICTS,
COUNTY SERVICE AREAS FOR STREET LIGHTING, AND BALLOT MEASURE .,FOR
[~dC-itfBASING MAXIMUM TAX RATE LIMITATIONS FOR COUNTY SERVICE AREAS 13
Mr. Mickelson explained this item. Have only 50% of the funds to maintain
the districts. He set out alternatives to handle these districtso Should the County
subvent the districts or let the lights run until January and then turn them off?
Should an assessment be placed on each lot in the district for the maintenance of
the lights? Determine if there is some way that these districts could be funded
through an assessment. The Board requested that Mr. Mickelson go forward with
the alternative of having assessment placed on each lot to maintain the lights.
Safety lighting is paid by the County.
Discussed a memo sent to the Board members. Supervisor Madigan had
requested that a letter be written conceming "No man's land " in the Sacramento
River. This is to be discussed at the August 14th meeting. Mr. Mickelson stated
that a special letter had been sent to Supervisor Madigan's home advising him of this
meeting and requesting that he address this meeting conceming this matter.
Mr. Mickelson stated that Supervisor Madigan should be home today and he will call
himo
Hal McDonald, Public Works, stated that there would be a tour of the
Sacramento River up to Red Bluff on August 16th. The Boarr] will ask Supervisor
Madigan to make the tour on behalf of this County.
78-1492 APPROVE JANITORIAL CONTRACT
Bids have been secured for the performance of janitorial services at
2243 and 2269 Del Oro Avenue with the low bidder being J and J Enterprises in the
amount of $75 per month for the cleaning of both officeso The period of the
contract is from July I through December 31, 1978.
Page 151.
August 10, 1978
On motion of Supervisor Richter, seconded by Supervisor Moseley and
carried, bid for janitorial contract was awarded to J and J Enterprises in the
amount of $75 per month. for the cleaning of offices at 2243 and 2269 Del Oro Avenue,
to commence August I, 1978 and to run through December 31, 1978 and the
Chairman was authorized to sign.
78-1493 REPORT ON COMPLAINT OF BEECHER B. GILBERT: DISCUSSION OF
USE OF HERBICIDES
Joe Bandy, Ag Commissioner, reported on the complaint of Beecher B,
Gilbert. He sfafed he had sent the Board a memo setting out the result of the
study of the complaint. This is the second year that the County has had a drift
problem. Action has been taken against the pest control opecaitor for a violation.
Studies of the matter is being made and samples have been taken and
the problem is being investigated.
Once the presence of a chemical is established, they try to determine the
source. If it is found that a misuse has occurred, then action is taken.
Investigation has not been completed this year. When that has been accomplished,
then the appropriate action will be taken.
Supervisor Richter stated he had received a call about the Victor Industries
in Chico about a puilution problem. Victor Industries have stated they will close
their operation down and this will put many people out of work, Mr. Bandy stated
there have many complaints received about the odors and noxious fumes from the
neighbors.
Mro Bandy explained the matter of the operation of spraying herbicides in
this County. They use the same herbicide in the orchards as on the rice.
The Board asked Mr. Bandy if they would receive a report on the investigation
on the area of Fortier and Mutfless properties. A report will be received. They
are continuing to take samples and will make a study of the findings. They will
be able to determine if there has been a mis-application of herbicides and if it
has caused a problem.
Aerial application of sprays explained.
78-1493 DISCUSSION: FILING FEE REFUNDS
Requests for fi ing fee refunds have been received for the fol Irp,ving
candidates for the office of Recorder: Nancy Lueder, $407.68; Betty Barrett,
$35.68; and Sharon Meyer, $184.93. Discussed request. It was felt that if
they filed for this office prior to the Board taking action to combine this office
with that of the County Clerk, then the filing fee should be refunded.
Board requested that a report be made back to them by Administrative
Officer.
78-1493 PUBLIC WORKS ITEMS APPROVED
On motion of Supervisor Richter, seconded by Supervisor Lemke and carried,
the following action was taken:
I. Approved agreement for sale, authorized the Chairman to sign and
authorized the Auditor to issue warrant upon demand of County's escrow agent
on the following:
Skyway FAS 742(1)
Baldwin Contracting Co., Inc. 1.77 acre $7,700 Impr. $400 Total $8,100
Page 152. August 10, 1978
2. Approved release of maintenance bond for Eden Pines Subdivision ,
Unit No. I-road and drainage improvements, and accept roads in subdivision
for maintenance. '
3. Approved Change Order No. I, Superior Caurt Building parking lot,
Project No. PL-77-I, in the increasing amount of $516.30 which provides for
additional grading to widen the parking lot if needed and authorized Chairman to sign,
4. Approved Change Order No. 2, "D "Elgin, Ft. Wayne Streets and
Roseben Avenue (HUD), in the increasing amount of $2,455.53 which provides for .
removing unsuitable material and 6ackfilling with suitable material and the
Chairman was authorized to sign.
5. Accepted the work of Robinson Construction Co., Inc. for
construction of a parking lot at the Superior Court Building in Oroville, authorized
Chairman to sign the CL`iotice of Completion and authorized the Clerk to record
said Notice with the County Recorder.
6. Accepted the work of Baldwin Contracting Co., Inc. for construction
of curb, gutter, sidewalk, drainage and street facilities on "D "Street, Elgin
Street and Ft. Wayne Street from Spencer Avenue to Fallbrook Avenue and Roseben
Avenue from Ft. Wayne Street to Greenville Street, authorized Chairman to sign
the Notice of Completion and authorized the Clerk to record said Notice with
County Recorder,
78-1494 DISCUSSION OF ASSIGNMENT OF INTEREST-PARADISE STAGE
Public Works requests that the Board approve assignment of Alan Dale's
interest in the Paradise Stage to ICen Woodall as sole owner and operator as they
apparently have split the partnership. It was asked if there would be any
problems with the performance. Mr, McDonald reported that there have been
several violations and Mr. Castleberry has written to Mr. Woodall to notify
him to take care of these violations.
Supervisor Richter asked County Counsel if there was any way the
County could require a performance bond to be filed ;vSift~h would be forfeited
if the operator does not perform. In the future he would like this to be made
a part of the contract,
Supervisor Richter wondered what affect this assignment of interest
would have on the capabif ity of the company to do the required service.
County Counsel will send the Board a written opinion on this matter.
Action put over one week,
78-1495 DISCUSSION: COMPLETION OF PARADISE COUNTY BUILDING ADDITION
Supervisor Lemke stated that#hey have pretty well completed the addition
to the Paradise County building. He noticed that when the addition was put in,
one of the ramps for the handicap had been taken out and another one leading into
the court section was erected. In order for a handicapped person to get to the
other offices, he now has to go through the Cour# section of the building. He
requested that another ramp be placed at the area of the other officeso
Administrative Officer to handle this.
Page 153.
August 10, 1978
------------- August 10~ 19_78 ------------------
496 PUBLIC WORKS CREWS AUTHORIZED TO DO STRIPING & PLACING OF PARKING
BUMPER S AT SUPERIORCOURT PARKING LOT
Hal McDonald, Public Works, reported that Public Works would like
authorization for County crews to do the striping and placement of parking bumpers at
the Superior Court parking lot. This would increase the change order about $4009
On motion of Supervisor Lemke, seconded by Supervisor Richter and carried,
County crews were authorized to do the striping and placement of parking bumpers at
the Superior Court parking lots, :b~C3foroc'ed:rc>~au, ¢fta~r~~st'rr}rsstdd 1~tamfa0:f
497 DISCUSSION: SPECIAL ELECTION -LOW INCOME HOUSING -SOUTH OROVILLE
A resolution has been prepared calling a special election for the purpose of
submitting a ballot measure regarding the. construction, development and acquisition of
low income housing and ordering the consolidation of the election with the General
Election to be held November 7. Dan Blackstock, County Counsel, reported on a
telephone conversation he had with Red Melton, Mousing Authority, Resolution explained.
Mr. Melton takes exemption to the wording in the resolution. Chairman Winston stated
that Mr. Melton is upset about the matter. It was suggested that the Resolution should be
modified and that there be two different ballot measures.
Mr. Connerly and Mr. Melton will be requested #o appear next week at the
Board meeting to discuss fhis matter.
Supervisor Richter and Chairman Winston will meet with these two men to
discuss this situation prior to next weeks meeting.
Resolution placed back on the agenda for Tuesday, August 14ii, 1978 .
-1 X98 DISCUSSION OF WATER CONTRACT
Dan Blackstock, County Counsel, stated he had sent the Board members a
letter pointing out areas that need the Board direction. Strategy as to unsold water
entitlement explained. Mro Blackstock stated they have entered into discussion with
Water Resources to try to come up with something so the County can retain its
entitlement under the contract. The State has told the County they cannot sell this
water.
Mr. Blackstock stated that another meeting will be set up to further discuss
this contract, The County needs to get some sort of answer so action can 6e taken.
P.G. & E. has expressed an interest in purchasing the water.
County Counsel was instructed to pursue the contacts with the State Legislature
and come up with an answer. A Board member will be appointed to attend the meeting
when it has been arranged.
-199 DISCUSSION OF PROPOSED ADVISORY MEASURES FOR PUBLIC TRANSPORTATION
SYSTEMS IN CHICO: ADOPT RESOLUTION 78-135
Mr. Blackstock set ouf proposed language that had been suggested at a meeting
between Supervisor Richter and Mayor Thorn of Chico. The proposed resolution has some
blank figures that will have to be filled in; they will be filled in prior to being placed
on the ballot.
Supervisor Richter suggested that on the last line, after the word 'ride" it
should state " so many dollars per ride, 'to be paid for by the tax payer ". He felt the
people would then know what that meant. There is going to be a difference between
the total cost of the ride and that which the rider will pay. The first figure would
be "$1.40 ", second figure - " .25 "and the last figure would be "$1.15 ".
Mr. Blackstock will contact the Mayor of Chico and determine if he agrees
Page 154.
August 10, 1978
__________.~_____Au~ostl0L1978_____.~____ ________
to the resolution wording.
On motion of Supervisor Richter, seconded by Supervisor Lemke and carried,
Resolution 78-135 placing the advisory measures for public transportation systems in
Chico on the ballot in November was adopted and the Chairman authorized to sign.
78-1500 COMPLAINT PRESENTED BY SUPERVISOR RICHTER
Supervisor Richter reported that yesterday an individual went into his store
with petitions relating to the coal fired plant measure. He then proceeded to
present a statement to his employees to the effect that Don Blake had told him
that the Board had been making money on this coal fired plant project; that the
Board was getting money under the table from P.G. & E. for this plant.
Discussed; no action taken.
78-1501 APPROVE APPOINTMENT TO PINE CREIKK CEMETERY DISTRICT
On motion of Supervisor Lemke, seconded by Supervisor Moseley and carried,
the following were re-appointed to the Pine Creek Cemetery District:
Wayne Yuhnke, Chico
Elwin A. Roney
Caleb Baker
For terms of four years, commencing July I, 1978,
78-1502 APPROVE APPOINTMENT TO TWE BUTTE COUNTY COUNCIL FOR SENIOR CITIZENS
On motion of Supervisor Moseley, seconded by Supervisor Lemke and carried,
Chief Meyer, Palermo, was appointed a member of the Butte County Council for
Senior Citizens.
78-15.03 APPOINTMENTS"PUT OVER ONE WEEK
Appointments to the Housing and Community Development Advisory
Committee and to the Human Services Advisory Commission were put over to Tuesday,
August 15, 1978.
78-1504 REPORT ON LETTER FROM BUTTE GLENN FOUNDATION FOR MEDICAL CARE
RE ESTABLISHING A HMO
Letter from Butte ~~enn Foundation for Medical Care re establishing a
HMO discussed. They are requesting a letter of support from this Board,
Supervisor Lemke said he was opposed to the letter of support as it is
a further step towards socialized medicine.
It was moved by Supervisor Lemke and seconded by Supervisor Moseley
that the Board not send a letter of support for funds to make a HMO study.
AYES: Supervisors Lemke and Moseley
NOES: Supervisor Richter and Chairman Winston
ABSENT: Supervisor Madigan
Motion fails.
Matter to be placed back on Board agenda when Supervisor Madigan is present.
Page 155.
August 10, 1978
78-1505 REPORT ON LETTER FROM LES. H. COHEN AND ASSOCIATES
CONCERNING BILL 3405-~KEENE
Report on letter from Les H. Cohen and Associates concerning
Assembly Bill 3405- Keene acknowledged. Mr. Mickelson stated this would
have iroaffect on Butte County. No action needed.
78-1506 CONTINUATION OF DISCUSSION OF COUNTY ASSUMING RESPONSIBILITY
OF MAINTENANCE AREAS 5, 7, 13 and 15
Mr. Middleton reported on the maintenance of Maintenance Areas 5, 7, !3 and 15.
The Reclamation Board would support any County or District that would wish
to take aver the maintenance areas. They would have to give assurance to the
Reclamation Board that they would maintain the district at the same level as the
Corp of Engineers demands. The State has a large overhead cost; the County could
cut down a little of the cost. The County would assume liability if .they took over
the areas. There would be liability during flood periods. It usually takes from
five to six months for the State to tum over the maintenance to the County after the .
request is received.
At Phis time the funds come from property taxes to maintain the districts.
Supervisor Lemke stated that some of these districts cross county lines. How would this
be handfed ?
Supervisor Richter stated that the County does not have any money to supply
the maintenance.. He felt that These areas are the State's responsibility,
has
Chairman Winston set out the- problem the County/regarding these districts.
The State will maintain the areas under the level of services provided .under Prop. 13.
No action taken .
RECESS: 9:35
RECONVENE: The Board reconvened at 9:47 a.mo Present: Supervisors
Lemke, Moseley, Richter and Chairman Winston. Clif Mickelson,
administrative dfficer; Dan Blackstock, county. counsel;
William R, Lawrence, auditor; and Clark A. Nelson, county
clerk by Cathy Pitts,.-assistant clerk to the Board.
78-1507 CONTINUED PUBLIC IiEARINC -
FOR SPECIAL DISTRICTS - SB 154
The public hearing on
funds for special districts was
DISTRIBUTION OF STATE SURPLUS FUNDS.
distribution of SB 154 state surplus
held as continued. Appearing:
Fire Districts
1. Richard Nystrom, E1 Medio Fire District. Mr. Nystrom
stated that the district was appealing the decision of Mr. Lawrence
regarding distribution by using accumulated outlay funds. The district
would like to use a portion of the funds for building a larger station.
This has been accumulating for the past 15 to 18 years for this purpose.
The district has five engineso The present facility will only hold three
engines. It is estimated that the building will cost an estimated $100,000.
If the accumulated outlay fund is used there will be no means to raise the
reserve back up to $100,000 for the building. The district feels these
Page 156.
August 10, (978
August 10, 1978
funds should not be used for the bail-out funds. Mr. Lawrence's letter
stated that no contractual expenditures have been made.
Clif Mickelson, administrative officer, stated that this is
similar the the Chico Libxary funds. This is considered as reserve and
not monies Set aside for expenditures.
Bi11 Lawxe~ce, auditor, stated that committed funds refer
to funds committed for capital outlay approved prior to June 6 by the
governing body, The definition of committed has been int@rpreted as
obligated in contractual nature that you cannot retrieve yourself.
The funds that Mr. Nystrom is talking about are not the type of reserve
that can be directly expended for capital outlay, They would have to be
transferred from the reserve to fixed assets before they can be obligated.
This has not occurred.
Mr. Nystrom stated that the district purchased the property
and asked that this be transferred from the reserve to fixed assets.
This is part of the reserve. The minutes of the district reflect that
the money was to be spent for the building,
Mro Lawrence stated that this is a continuing resexve from
the residual amount to go into the reserve as long as the district
takes actions annually. He was not questioning the accrual of the money.
These monies have been accumulated over the years without direct order
for expenditure of the money.
Dan Blackstock, county counsel, stated that the basic problem
the Board is facing is the potential audit and claim cut by the State.
In regard to the term committed, he would have to say that the way the
language is used if the funds have been irrevocably committed to a project
then the funds would not be considered reserve. For example, if an
architect has been hired and there is a contract, the funds have been
committed. The district has determined that they want to go ahead with
the project but they have not put the project out to bid,
2. John Tolle, Paradise Fire Department. Mr, Tolle stated that
the district had bought a piece of property. There was money in the
reserve to pay off. The district decided to keep their reserve and pay
the property off with a no interest payment. The district authorized
a letter to the Auditor asking that $35,000 be taken out of the accumulated
capital outlay ,and put into fixed assets.
Mr. Lawxence felt that this was another matter. The property
was not purchased under budgetary conditions. They acquired title to
the land and made a loan over a four year period, The issue is an
accomplished fact with an annual payment of $10,000. This is not shown.
in their budget.- Without this shown in the budget the Auditor's office
could not make payment. The districts have until September 30 to adjust
their budgets.
Mr. To11e stated that the district bought the property with the
full knawledge of the Auditor and with help from Counselo This is a firm
committment. The district realizes that they are going to have to keep
a zero reserve. The district needs $10,000 for the payment and $6745
out of sales tax subventions. The district had planned to make a transfer
out of the reserve for the payment and therefore did not put the item
into their budget.
Mro Lawrence stated that the district could increase their
budget by $10,000 to show the payment required for the property.
Page 157.
August 10, 1978
August 10, 1978
3. Bill Spruance, Attorney representing Thermalito and Oroville
Wyandotte Trrigaticn Districts. Mr. Spruance stated that he was here as
a follow up on the letter received pointing out that the districts are
providing fire service. These districts fall within the meaning of
Section 16275 of the Government Code. This is part of SB 154. Tt
appears that either no consideration was given or prioritizing was
decided against.
Supervisor Richter stated that the Board position agreed the
benefits flow to the people who live in the area of the hydrants and that
there could be a~.evy or charge for the maintenance of the hydrants.
Mr. SpJ/ruance stated that the districts had levied a charge
which up until now the fire districts had refused to pay.
Mr. Lawrence stated that consideration was not given to the
districts. The districts had a tax rate levied in 1977-78.
4, Hank Marsh, representing Gridley Ambulance Service. Mr.
Marsh filed a number of petitions with the clerk relative to continuing
service for the Gridley Ambulance Service. The Ambulance Service has
an existing contract with the district created by the people. Tt has
been shown that this is the only way the service can be provided. The
people are willing to gay for this service. The district may fall within
the fire district. One of the items addressed was the loss of paramedics
and types of services provided by paramedics.
Chairman Winston stated that the Board is looking at a deficit
of $1,200,000 in the fire district budgets. The estimated amount of
SB 154 funds would be $385,800 leaving same $180,000 for the other
districts.
Mr. Lawrence stated that the Board has used sales tax in the
past to subvent the fire districts. Tf the Board were to use sales tax
it would reduce the amount of 5B 154 funds given to the €ire districts
and increase the amount to the other districts. There is another fund
in the State gool that provides for making money available for payment
of debts, SB 2246 would provide additional money to districts that had
unmet needs.
Mr. Blackstock stated that the concept to maintain the same
level of service does not mean they should receive the same amount of
money. The amount of money and the amount of services do not necessarily
coincide.
Mr. Lawrence set out the difference between the operations
of El Medio and Paradise k'ire Department. There may be a higher level of
people manning each engine and some districts are using more volunteers.
Mr, To11e spoke regarding Paradise fire protection. They are
evaluated every ten years. The district provides Class 4 fire protection.
The other areas of the county do not provide Class 4 fire protection. There
is 18 square miles to be covered. The district made adjustments at the tap
level of staffingo They have taken $60,000 out of the budget. The district
determined that if they had to go to one-man engines they would close a
station instead.
RECESS: 10:47 a.m.
RECONVENE: 10:55 a:~me
Page I58.
August 10, 1978
August 10, 1978
Administrative Officer to contact Bob Paulus, fire warden, to
ask him to act as chairman to call a meeting of the fire chiefs from the
fire districts and make a determination of the level of service offered.
Mr. Lawrence stated that the list before the Board show projected
figures. The districts are listed in priorities of their dependence on
the ad valorm tax, The list considered their relationship as to their
ability to dependence in the past on fees and services and status of fund
balances. The figures are still not complete.
Cemeterv Districts
1. Elwin Rooney, Pine Creek Cemetery District. Mr. Rowney
stated that the district did now own a lawnmower or hoses. These were
owned by private citizens. There is a charge for outside grave sites
and a minimum:. charge for those within the district, The district can
get by without the SB 154 funds.
2. Candice Grubbs, Oroville Cemetery District. Mrs. Grubbs
stated that the matter of the SS 154 funds were discussed. The district
feels they are financially solid and the district can get along without
any funds. There is a carry over from last year, Tf the District does
not receive any funds,, can the salaries be increased?
Mr. Blackstock stated that he did not feel that the salaries
are controlled by this.
3. Robert Thomas, Gridley-Biggs Cemetery District, Mr. Thomas
stated that the district could raise the plot charges to operate the
district.
Cemetery Districts are capable of increasing fees and conducting
business. Not to be considered in sharing any of SB 154 fees.
Li~htinR Districts
Lighting districts can make service charges against each parcel
of property within the districtso The lighting districts to be excluded
from consideration for SS 154 funds.
Water Districts
Water districts have capability of raising fees for services.
Discussion of Magalia County Water District held at this time.
This is slightly different. They have charges that have to be met from
tax sources. They also have a debt.
Water districts to be excluded from consideration for SB 154 funds.
1. Mr. Fisher, Lime Saddle Water District. Mr. Fisher stated
that the district is not yet operational and they cannot levy fees. There
is an indebtedness which is not voter approved. Some consideration should
be given to the accumulated reserve. This is the only way to pay the
loan payment.
Mr. Lawrence stated that if the Board does not make an appropriation
out of the subvention funds then the district will revert back to normal'
statuso The reserves will be retained. Tf the districts do not get
part of the 5B 154 funds they will retain their reserves.
Page 159.
August 10, 1978
August 10, 1978
Swimming Pools
Put over at this time.
Fire Hydrant districts
Chico fire hydrant district to be excluded from SB 154 funds.
Cemetery Districts
Mr. Lawrence stated that his office has been recommending that
the cemetery districts start creating permanent care endowment fundso
Drainage Districts
It was felt that if the districts could charge service fees
they should be excluded from SB 154 fundso Dan Blackstock to make written
report to the Board next week regarding legality of districts charging
service fees.
Maintenance Areas
Mr. Lawrence reported that the counties are responsible for'
maintenance of the:7eroe:, by contracting. As long as the counties are
responsible for maintenace of the levees, they have to be maintained to
federal standards. There could be assessments based on other than
ad valorm tax. Possibly the county could do the maintenance themselves
and not have to contract out the work. Mr, Lawrence felt the Board would
have to consider maintenance areas as being eligible for a portion of the
money unless it was overrides by some service with priority, The total
maintenance areas have been reflected for Maintenance Areas 7 and 15.
These have zones of benefit. There are several zones that overlap.
They fall into the multi-county district funds and would have to be
reduced by the amount received from those funds. The Reclamation Board
has a revolving fund to operate all of the maintenance areas. The
Controller's Office will audit and if the districts have not given their
fair share in compliance with the statutes there could be a disallowance
that would be a charge back against the county,
Matter left open to be discussed at a later time.
78-1508 CANCEL HEARING DATE SET FOR AUGUST 22, 1978 AT 10:30 A.M. RE:
STEPHEN R, WHITE AND MARVIN TURNER APPEAL OF CONDITION ~~1 ItE: FIRE HYDRANTS
ON USE PERMIT TO ALLOW A VETERINARY HOSPITAL ON PROPERTY ZONED "C-2"
(GENERAL COMMERCIAL) LOCATED ON THE NORTHEAST CORNER OF MANGROVE AVE. AND'
9TH AVE „ IDENTIFIED AS AP 45-035-3, 4 & 7, CHICO
- On motion of Supervisor Lemke, seconded by Supervisor Richter
and carried, the public hearing date of August 22, 197$ at 10:30 a.m.
regarding Marvin Turner and Stephen R. White appeal of condition 4k1 regarding
fire hydrants on use permit to allow a veterinary hospital on property
zoned "C-2" {general commercial) located on the northeast corner of Mangrove
Ave, and 9th Ave., identified as AP 45-035-3, 4 & 7, Chico was cancelled.
78-1509 CONTINCiED PUBLIC HEARING - DISTRIBUTION OF STATE SURPLUS FUNDS
FOR SPECIAL DISTRICTS - SB 154
The public hearing on distribution of state surplus funds for
special district, SB 154 was held as continued,
Mosquito Abatement Districts
1. Dr. William Hazeltine, Butte County Mosquito Abatement District.
Dr. Hazeltine stated that the Board adopted a position that they will
operate at 70% of the full effort level. There has been attrition of
Page 160.
August 10, 1978
August 10, 1978
people leaving. The^district feels that they can operate until July or
August of next year. If the Board decided a higher level of service is
necessary then the district would require mare funds.
2, Barbara Shaffer, Oroville Mosquito Abatement Districto Mrs.
Shaffer stated that the district's budget is very small. She asked the
Board°s indulgence to come back on Monday to let them know how the district
stands.
County Service Area ~~37, Gridley-Bi~~s Ambulance
This matter was discussed earlier in the meeting.
Recreation Districts
1. Jerry Hughes',. Chico Area Recreation and Park District. Mr,
Hugheststated that the projection figures would show that CARD has a
$124,000 surplus. The projections indicated that CARD would receive about
$200,000. The increased proposed fees would be about $150,000 over last
year of $130,000. This would project about $240,000 to $260,000. Mr. Hughes
asked how correct the figures were.
Mr. Lawrence set out the method fox calculating the figures.
The Auditor's Office took the prorata share at the $4 tax rate and applied
this to the 1977-78 roll. Plumas County had an increase of 16% over the
1977-78 figures after adjustments were made. The unsecured tax rate was
done at the $4 rate. The final figures will have to wait until the
assessment roll is out. There will be a great many adjustments to be
made.
2. Sonny Brandt, Feather River Recreation and Park District.
Mr. Brandt stated that he was surprised to see the figures that show on
the sheet. He hoped that the district realized the figures. Feather
River Recreation and Park District is similar c; to the position of CARD
by elimination of the reserves and cutting captial outlay and increasing
charges this will not be a critical year, The problems will be down
the road.
3. Terry Ashe, Paradise Recreation and Paxk District. Mr, Ashe
stated that the figures did not come as a surprise to him. They are
looking at about 30% shortfall as this shows on $155,OOO,based on last
year's budget. The districts hopes there will be some way to assist them
in the state money available. The district approved a new fee schedule
which is an increase of about 100%. The increase is about the same
in all districts. There is a different kind of area in Paradise.
Supervisor Richter felt that Paradise Recreation and Park District
should show the Board they have less capability to generate funds than
the other districts.
Mr. Ashe stated that the capabilities of the other recreation
districts to raise revenue was greater than for Paradise. They have more
facilities.
Mr. Brandt felt that the biggest difference would be in the types of
facilities. The rates are similar.
Supervisor Richter would like to see a comparison between the
three districts.
4. Judy Wagoner, Durham Recreation and Park District. Ms. Wagoner
stated that $95,000 of their budget is for notes and interest payments.
Page 161.
August 10, 1978
August 10, 1978
The district has a swimming pool and charge for the Durham Park. The
total budget is $183,000. The loan is a ten-year loan. The district
is three years into the loan. The district cannot get an extension
on the loan,~_There is an agreement between the school district and the
recreation and park district for use of the pool. The recreation and
park district have first rights and the school district has second rights
to the pool, The recreation and park district's office is located in
the school building with no rent being char?ged:;~
78-1510 DISCUSSION: PROPOSAL ON ANIMAL CONTROL CONTRACT
Supervisor Richter stated that the proposal before the Board
on animal control is an agreement for collecting all of the fees and a
set amount per month. Supervisor Richter favored the concept of the
proposal.
Clif Nickelson, administrative officer, stated that the
resgonsibility for collecting the fees could not be turned over to
Mrs, Coleman. The Board could authorize gaying the fees collected to
Mrs. Coleman less the administrative charges for collecting said fees.
ban Blackstock, county counsel, stated the Board had no
authority under the codes whereby the county can contract away their
licensing authorityo
RECESS: 12:27 p.m.
RECONVENE: '1;45 p.m.
ABSENT: Supervisor Richter
78-1511 DISCUSSION: CONTRACT PROPOSAL ON ANIMAL CONTROL
Clif Nickelson, administrative officer, set out the research
done on the proposed contract for animal control in the county. Mrs.
Coleman has run operations in the San Diego area for the cities and not
the counties. He is satisfied with the operation she runs. There was a
conflict with one organization looking to expand the sphere of influence.
Otherwise, there were no adverse counaents. Some people did not think
she had as plush a dog pound. The Administrative Office had some concerns
as to efforts to co~7-eet~ dog revenue. The proposal originally would have
given her the fees from dog licensing. There is a negotiated agreement
that states the funds reflected this year the county would keep. There
was a question of dog bite reports. Mrs. Coleman has said that she would
follow these up. There is a problem as to whether she could collect the
county's fees. There would have to be an agreement to collect the fees
and deduct the administrative costs and pay her the difference.
Mrs. Joan Coleman was present to discuss the proposal. She is
the executive director of the San Gabriel Humane Society and the Superior
California Humane Society. Her organization services over 200 square miles
and 850,000 people. She set out the length of time her organizaC~ons have
had contracts. The dog pound was built in 1922 and is in good repair,
-She presented an alternative contract proposal to the Board at this time.
The county would be allowed to collect the license fees and keep them.
She would charge a flat fee of $12,500 per month. .She would take over
the entire pound operation and also would :!.include large animals. She
commutes about every three weeks to check on her operations in Sauther[x
California. She will relocate wild-:- animals and pursue ar. humane program
in Butte County. Mrs. Coleman stated that she would like a lease on
the 194 acres on the Clark Road dump site. Most is unusable ground.
Mrs. Coleman stated that if the employees come up to her standards she
will be happy to absorb. them in her operation, Mrs. Coleman presented
copies of letters from the Butte County Humane Society and the City of
Biggs.
Administrative Officer to hold meeting with the City of Oroville
and Chico. Page 162.
August 10, 1978
August 10, 1978
The matter is continued to August 14, 1978 at 1:00 p.m.
781512 DISCUSSION: HICKS yS ORANGE COUNTY BOARD OF SUPERVISORS CASE
Dan Blaekstock, county counsel, set out the background of
the Hicks vs Orange County Board of Supervisors case. The Orange County "
Board of Supervisors decided to transfer the investigative functions
out of the District Attorney's Office and into the Sheriff`s Office.
The decision is based upon whether the Board could transfer the investigative
functions of the District Attorney to the Sheriff. The court held no they
could not. This was a District Court of Appeals decision. The court
looked into what was in fact transpiring, This case would not apply to
what your Board is involved in now. The case is not concerned with the
situation where the District Attorney is left without adequate investigative
staff. Government Code section 2901 says that where the District Attorney
has to go out and incur expenses that this is a county charge, It must
be paid for. Government Code section 25303 which was amended last year,
relating to all county offices provided that the Board shall not obstruct
investigations. There is nothing on the budgetary limits of the Sheriff
and District Attorney. He did not believe the Hicks case would be applicable
to the situation unless the Board got into a discussion relative to whether
the Board were trying to eliminate the ability of the District Attorney
to investigate a particular type of crime or a motion was made on that
basis.
Supervisor Lemke stated that last week when Mr. Leach was
before the Board he was asked in light of the dissolution of the land
fraud unit would he be required to investigate. He said yes. As part
of the District Attorney's functions he would be doing this, This would
not preclude the District Attorney from investigating land fraud cases.
78-1513 BUDGET SESSION
Chairman ~inston~., stated that the Board had. received
correspondence about the library. There is no intent of this Board to
shut the libraries down. However, in view of what has transpired here
in the last few weeks the Library is going to have to make a reduction
in services. At the Board's request the Administrative Office prepared
a budget adjustment for the Library,
Jo Terry, librarian, stated that the letters said what the
library service is. The fines could be raised to $.05. It is impassible
to predict any additional income. She suggested the libraries have a
fine free week and maybe the libraries could get back valuable material.
She would like to initiate this as soon as possible. The fines have been
$.02 per day. Many libraries have initiated a no fine system. The fines
pay the utilities.
Discussion of xenting the rooms at the library out held at this
time, Mrs. Terry stated that Headquarters and Paradise are the only ones
that have zooms. Most libraries use the meeting rooms for cultural and
educational services. The county offices have been using these rooms
almost exclusively.
Mrs. Terry stated that the library would be losing at the. 21%
cut level $200,000. The biggest loss is going to be new book stock,
This has a 35% reduction. This brings the level of service down to what
it was three years ago, The library can buy around 8,000 or 9,000 volumes.
For several years the library has provided one new volume for every
eleven people in populations. This reduction would bring the average
down to eighteen people. The Library will be lasing the film circuit.
She felt the Board should. reconsider this item. Feather Falls Library
has been provided to the County gratus for 20 years. She would like
to see this reinstated. There will be a reduction in the bookmobile
Page 163.
August 10, 1978
August 10, 1978
schedule. The operating expense for the bookmobile was about the same
as the Gridley Branch Library. If the Board is going to close the small
stations the bookmobile is important in filling in the gaps: This
reduction would reduce the hours in Chico. The county is operating two
branches in Chico. Mrs. Terry suggested that the Board add an additional
$55,000 to her budget.
C1if Nickelson, administrative officer, stated that he had
received a call from Chico's attorney who was concerned about closure
of the library in Chao. Any reduction in the budget less than 46% is
going to cause the Board to subvent by general government.
Mrs. Terry stated that she would like to see the California
County Cooperative System be continued. She will be asking the Board
to pass a resolution to rejoin the system. Funding from that sources
is primarily from the Cooperative. There is a possibility of state
funds. The Cooperative is funded by state and federal funds.
Discussion of travel items
Clif Nickelson, administrative afficer, stated that his
office has be innundated by departments relative to tr~vela The code
section makes it mandatory for the Board to fund for a group of department
heads for conferences. The codes require the Board to pay for out of
county travel to these conferenceso
Nr. Nickelson presented several possible solutions;
1. The Board could say no out of county travel except that which is
mandated.
2. Have all requests for out of county travel came before the Board.
3o Cut all out of county travel by 50% instead of 100%. Instruct
_~department heads that they will stay within the budgets as there
will be no transfers made.
4. The Board not reinstate all travel.
5. Allow out of county travel to be authorized by department heads.
Nr. Nickelson stated that he recommended the 50°/ cut of
travel.
Discussion of department heads vehicles held at this time.
No action taken.
RECESS: The Board recessed at 3:15 p.m. to reconvene on Monday, August 14,
1978 at 1:00 p;m. to consider budget items.
Page 164.
August 10, 1978