HomeMy WebLinkAboutM081478August 14, 1978
RECONVENED: The Board reconvened at 1:20 p.m. pursuant to recess.
Present: Supervisors Lemke, Madigan, Moseley and Richtero
Clif Mickelson, administrative officer; William R, Lawrence,
auditor, by Dick Puelichex, chief accountant; and Clark A,
Nelson, county clerk, by Cathy Pitts., assistant clerk to the
',Soa rd .
78-1514 APPOINTMENT TO KTMSHEW CEMETERY DISTRICT
On motion of Supervisor Madigan, seconded by SupervisorvMoseley
and carried, George Moore was appointed a member to the Kimshew Cemetery
District.
78-1515 DISC~ISSION: ANIMAL CONTROL PROPOSAL
Supervisor Richter stated that he was wondering if Mrs. Coleman
could be deputized as a County Clerk and be able to sell licenses. If
people could buy licenses at the pound they would be able to buy the licenses
outside the pounde If Mrso Coleman could collect the license fees it
would be a great incentive fox her organization.
Clif Mickelson, administrative officer, stated that if Mrsa
Coleman were going to sell licences at the pound she would have to be
deputized as a deputy clerks Mre Blackstock has said that although the
cities allow her to sell licenses the countgs do not have the authority
to authorize this.
Clark Nelson, county clerk, stated that it is up to Counsel
whether Mrso Coleman could be deputized. He has deputized many people
who are not employed by the county. The City of Chico helps the county
in collecting county fees for licenseso The trucks sell in the field
at the present time.
Bob Boehm, deputy county counsel, stated that Mrs. Coleman was
deputized in another county to collect license fees. She could also be
deputized in this countyo If that were the case she would stand in the
same shoes as a county employee. The contract that has been prepared
provides for liability insuranceo
Steve Musselman, administrative analyst, stated that he contacted
Sonoma Countyo They contract with the humane society for maintenance
of police force. The humane society sells the licenses over the counter,
The licenses are also sold in western stores etc.
fired Davis, Chico city manager, felt that the Board had a
contract with the city. He felt the City Council would have to be
asked regarding the matter. The Gity has a contract with Erikson for
disposal of the dogs, This would b.ave to be considered, The present
contract would have to be fulfilled.
Mr, Mickelson set out the cancellation clause on the contract.
The City of C'[lico would have to be notified before January 1, 1979 that the
County is not going to renew the contract next July, Possibly the
contract could be negotiated mutually,
Dave Jenkins, Oroville city manager, stated that the City of
Oroville also has a contract with Erikson fox disposal of dogs. He hoped
that any action would be deferred as he has not had an opportunity to
review the proposal.
Mr. Mickelson felt that:f~the Board cancelled_the:eontract as of
the first of the year there would be about $4,000 that would have to be paid
for no services,
Page 165.
August 14, 1978
August 14, 1978
Supervisor Richter suggested that the Board ask the Administrative
Officer and Counsel to open negotiations on a revised contract with the
proposition that Mrs> Coleman be responsible fox collecting the fees
and the county would be willing to look at a negotiated stepped up fee
schedule to bring up. The fees are about 35 to 45~ below the other
counties.
Supervisor Lemke stated that there was a counter offer of $12,500
per month with the county keeping the fees of about $40,000 and adding
$13,000 necessary to collect the current license fees. This would bring
the contract to $123,0000 The proposed budget is $179,000 for 1978-79.
This would result in a savings of about $5,600. Depending on what kind
of negotiatuns can be worked out with the cities and Mrs. Coleman the
savings could fluxuate as much as $12,000.
Supervisor Moseley asked Counsel to research the powers that
the humane society has.
The matter is continued to August 22, 1978.
78-1516 DISCUSSION OF MAINTENANCE FOR MAINTENANCE AREAS 5 7 13 AND 15
Supervisor Madigan felt that the maintenance areas would be
better off to take over the maintenance themselves.
Clif Nickelson, administrative officer, stated that Mr. Middleton
had left him with the impression that the State would maintain the levees
in a satisfactory manner whether the county had enough money or not.
Supervisor Madigan stated that if the levees are not kept to
certain standards Congress will not appropriate money for other projects,
The farmers could maintain the levees for 1/3 of the cost-the State
charges. The farmers could handle Maintenance Area 13 better.
Hal McDonald, Public Works, to attend the meeting of the
State Reclamation Board in Orland on August 15, 1978 relative to "No-Man's
Island".
78-1517 CONTINUED PUBLIC HEARING - DISTRIBUTION OF STATE SURPLUS FUNDS FOR
SPECIAL DISTRICTS - SB 154
The public hearing on distribution of SB 154 state surplus
funds for special districts was held as continued. Bob Paulus, fire
warden, has not made his report relative to the fire districts at this
time. His report will be forthcoming this weeko
Dick Puelicher, chief accountant, stated that the analysis of
the Feather River Park and Recreation District indicated that there would
be a surplus of $35,200. It appears there will be a deficit of $251,665e
CHAIRMAN WINSTON PRESENT AT THIS TIME
estimates.
Mr. Puelicher stated that there will be minor changes in the
The matter is continued to August 15, 1978.
78-1518 DISCUSSION: PETITIONS RECEIVED RELATIVE TO PG&E COAL FIRED PLANT
Clark Nelson, county clerk, asked the Board .for guidance relative
to the petitions that Mr. Blake is going to be presenting to his office
this afternoon regarding the PG&E coal fired plant. There will be close
to 15,000 signatureso To certify the signatures will take about one week
and the cost will he over $500. He asked if the Board wanted him to
start verification of the petition's.
Page 166, August 14, 1978
August 14, 1978
Bob Boehm, deputy county counsel, felt that the petitions were
beyond the scope of the county. The Energy Commission has the ultimate say
on the recommendations regardless of county ordinance or county policy,
The Energy and Resources Code gives the Commission override authoxity.
This is what Mr. Blackstock had in mind when he advised the Board that
it was not in the legislaive power of the county. Mr. Blackstock had
concerns relative to the wording of the measure, "Shall PG&E locate a
power plant in Butte County;" It was his opinion that if the Board
wants to put on the measure it would read, "Shall the policy be for the
Board to oppose PG&E power plant in Butte County?" The Board cannot
be compelled to put the measure on the ballot by the petitions.
Mr. Nelson said that the normal procedure was to verify the
petitions, He would not want to verify the petitions unless there was
a positive effect. He wondered whether the Board wished him to proceed.
The ballot costs would be nominal.
Mr. Boehm was instructed to research Mr. Blackstock's opinon
and bring the matter back. on August l5, 1978.
Don Blake, executive secretary of the Citizens against the
coal power plant, stated that the Board must make the decision regarding
the ballot measure. If the Board is concerned with the cost of verifying
the petitions surely the county can say that out of 17,000 signatures
there are 8,000 good signatures. He will be present tomorrow.
The matter is continued to August 15, 1978.
78-1519 BUDGET SESSION
The public hearing on the budget session was held as continued.
The following budgets were reviewed.
District Attorney Consumer Protection Unit, page 108.
Chairman Winston set out the discussions that had been held
relative to the Consumer Protection Unit. It seems to hime that the
unit has exhausted their sources of revenue. The District Attorney
has sent the Board a lengthy memo relative to Meridian-Munjar Road area.
He questioned some of the statements regarding the time his office was
aware of the situation. The statements would indicate that the time has
not run on some of the people involved. He felt it was time to eliminate
the unit because of the expenses and because it apparently has served
its purpose. The District Attorney will continue to investigate any
current notices of illegal subdividing. The expenditures of the county's
share of $78,000 representing 61% of the budget in view of Proposition 13
is a considerable amount of money,
Supervisor Richter stated that he had no reason to doubt
the honesty of Mr. Leach's letter and statements made in the lettero
He felt that Chairman Winston was _.arguing both sides saying that the Board
could not spendithe money for the problem with $78,000 and it was pointed
out that there is an equal amount of $78,000 received in fines. The Hicks
decision hinted at the question as to whether the Board could cut off
funds if funds were available for investigations. It would be viewed in
view of the State as a violation of the Hicks decision if the legislative
body cuts off funds if they are otherwise available in order to terminate
law enforcement.
Chairman Winston pointed out that Counsel's opinion stated.
that the Hicks decision does not apply. He wishes he had the funds
available to hire help to investigate the Meridian-Munjar pxoblem.
Page 167.
August 14, 1978
August 14, 1978
Supervisor Madigan set out the background of the hearing held
regarding Meridian-Munjaro Someone said there was no transcript of the
hearing, If a hearing officer conducts a hearing and there is no transcript,
the hearing officer is at fault.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, $1,000 was authorized for Chairman Winston to
conduct whatever investigations necessary to determine whether the District
Attorney's actions in the investigation of Meridian-Munjar area were
proper.
RECESS: 1:25 p.m.
RECONVENE: 2;35 p.m.
EXECUTIVE SESSION: The Board recessed at 2:36 p.m. to hold an executive
session regarding meet and confer.
RECONVENE: The Board reconvened at 3:16 p.m. following an executive
session regarding meet;and confer.
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and carried, the Consumer Protection Unit was deleted from the budget.
AYES: Supervisors Lemke, Moseley and Chairman Winston
NOES: Supervisors Madigan and Richter.
Supervisor Zemke stated that he had seconded the motion because
Mr. Leach had stated that he would need about $40,000 to wind dawn the
program. There would be a savings of $38,000 out of this budget.
Chairman Winston stated that Mr. Leach had said that his office
would continue to prosecute any land fraud actions without the unit.
The District Attorney's office along with every other elective office
and appoa:ntive office is going to have to do with less money to do the
same job,
time.
Mr, Puelicher asked for clarification of the motion at this
It was the intent of the Board that the unit be terminated as
of October 1, 1978. This is when the grant runs out.
Sheriff-Coroner bud et a e 116.
Mr, Nickelson stated that his office would have a report
back on this matter.
Matter put over the later in budget hearings.
Biggs Constable, page 128.
Mr. Nickelson asked that the Board come back to this item.
TYavel.ailotntents and membershi s
Discussion of memberships and out of county travel held at this
time.
Supervisor Lemke stated that the Board is talking about zeroing
out all out of county travel for a savings of $55,784. The Board has
made no mention of in county travel. He would like to suggest that the
Board rather than zero out all out of county travel cut this to 507 for
a $27,000 savings and cut 10% of all in county travel for a savings of
$54,9000 This would effect a $81,000 transportation savings and give the
department the opportunity to attend necessary out of county functions
necessary to run their departments.
Page 168.
August I4, 1978
August 14, 1978
Mr. Nickelson felt the department heads could live within this
cut even the Sheriff. They would have to be more careful. They will have
to pick and choice the meetings .they want to attend. The department heads
can be told they will stay within the budgets £or travel and his office
will monitor their budgets every month.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the travel budgets were reduced as follows:
50% - out of county travel
10% - in county travel
with the department heads to be notified that it will be necessary to
stay within their budget for travel and there will be no budget transfers
approved for this purpose.
Biggs Constable, page_128.
Account 33. Delete: $25.
Account 43. Auditor to figure reduction based on formula.
Chico Marshal, page_130.
Auditor to make adjustments to budget: through January 1, 1979.
Account 33o Delete: $75
Account 43. Auditor to figure reduction based on formula.
Account 63. Delete: $6,300
Department Head Cars
Discussion of cars for department heads held at this timed
There are twelve cars assigned,. Supervisor Richter felt a sizeable
number could be cut out. The ones not required -could be placed in
the motor pool. Tt is cheaper to pay mileage with the use of the
individuals own car, Some people are having added privileges.
Supervisor Madigan fond it incredible that some eight to ten
sanitarians are being furnished cars to and from work.
Mr. Nickelson set out the reason these cars are being used.
The people go tb the job before reporting in at the office. This saves
the person from having to report to their position in another town before
picking up a car and having to travel to another community to do inspection.
The same is true for the building inspectors, the agricultural personnel,
air pollution control personnel and farm advisor personnel.
Chairman Winston felt the department heads should be informed
that better management of vehicles is requested.
Mr. Nickelson to present a progress report to the Board<
Gridle Constable a e 132.
Account 33. Delete: $25
Account 43. Auditor to figure reduction based on formula.
Oroville Constable, pale 134.
Account 33o Delete: $25
Account 43. Auditor to figure reduction based on formula,
Paradise Cons~able~paee 136e
Account 43. Auditor to figure reduction based on formulaa.
Page 169,
August 14, 1978
August 14, 1978
Juvenile Hall, page 138.
Account 43. Auditor to figure reduction based on formula.
Account 63. Delete: $300 (deep fat fryer).
Mr. Puelicher set out the reasons for depreciation. This is for
cost recovery purposes. All departments have to be charged this in order
to qualify for subvention funds.
Mr, Nickelson set out the extra help and overtime portion of
the budget. The law says that there must be one counselor for every ten
children. The staff is to the minimum. In case of sickness or vacation
extra help must be called in. Mr, Nickelson stated that is office will
be proposing that the Board take all of the general insurance funds out
of the budgets and place into the general insurance fund.
Probation Department, page 140,
Account 33. Delete: $76
Account 43. Auditor to figure reduction based on formula.
Account 63o Delete: $2,300 (23 two-drawer locking file cabinets)
Mr. Nickelson stated that the indications are that the county
is keeping the juveniles home instead of putting them in campso This
figure is reflected in care of court wards and Juvenile Ha11 on page 262,
There is $57,000 that is not reflected in the Probation Department budgeto
Chairman Winston stated that the Board is only looking at
taking out hundreds of dollars out of a budget of $570,000 when the Board
is tentative taking action on the Library budget of 20%. it--seems that
in order to have equity the Board should do moreo If one budget is going
to be cut then all of the departments should participate on the cost cutting.
Mr. Nickelson stated that the problem is that the constables
offices have only one person. The Probation Department is being kept
at minimum level. The number of roads that are built and the level of
maintenance of those roads is a policy decision of the Board. With the
Probation Department and Juvenile Ha11 the Board does not have that
policy latitudeo
Salary decreases discussed.
^Supervisor Lemke felt that the only place the Board could
make an equal cut would be in salaries. Everyone would have to share
in the salaries. The Board could make a cut of '57o across the board.
Supervisor Richter felt that the county employees have really
been outstanding in cooperating with the Board. The county is fortunate
to have the employees they haven The last thing the Board needs to do
is cut salaries.
Building and Subdivision Inspection_Summarv Recap, page 142,
Supervisor Richter felt the fees should be raised to cover the
land division maps and the Planning portion of this.
Clay Castleberry, public works director, stated that the building
and subdivision fees were covering both activities this year,By themselves.
the subdivision fees were not_if considered as an individual unit.
Discussion of placing the surplus into the general fund.
Supervisor Richter asked if Public Works would think it inappropriate
to raise the subdivision and land division fees by 15%?
Mr, Castleberry suggested that the Board not raise the fees. By
putting both of the units together~he'felt that it would still be possible
Page 170, August 14, 1978
August 14, 1978
to take the surplus and put it into the general fund. He hoped the Board
would not raise the land division fees if the Planning fees could be
raised to cover this.
Administrative Officer was instructed to instruct Public Works
to increase the fees by 15% for the subdivision and land divisions.
Mr. Castleberry to bring back a proposal to the Board on
August 22, 1978 for the 15% increase in fees.
The increase in the Health Department fees is in Counsel's
office for recommendations.
Nr. Puelicher stated that the original estimate of the building
and subdivision fund is $35,000. The figures indicate something in
excess of $200,000 in addition to the $35,000. These are unencumbered
fund balances of about $235,000. The Board might want to consider
transferring these funds to the general fund. All of that money or
a portion of it could be transferred.
Buildine and Subdivision Inspection Administration, page-_144.
Account 33. Delete: $370
Account 43. Auditor to figure reduction based on foxviula.
It was felt the memberships regarding publications and not
attendance of meetings should be put under publications.
Administrative Officer to work with Auditor relative to
the membership fees of $190 and $80 that are only for publicatio~s$ and
not actual meetings.
Buildine and Subdivision Inspection Buiidin~ Inspection, pale 146,
Account 43, Auditor to figure reduction based on formula.
Buildin and Subdivision Ins ection Subdivision Ins ection a e 148.
Account 33. Delete: $65,
Account 43, Auditor to figure reduction based on formula.
Discussion: Across the board cut of 10% in every department
Mr. Nickelson set out the reasons that an across the board cut
of 10% in every department would not be feasible. Some budgets are 100%
funded by other than tax dollars.
Water Services, page 150.
Mr. Nickelson staked that the Auditor proposed $14,553. The
Administrative Office increased this budget to $27,000 in order to cover
the entitlement for this year, The question comes up as to how that
is going to be paid,
Environmental Review, page 152,
Account 43. Auditor to figure reduction based on formulao
78-1520 AUTHORIZE EXTENSION OF TIME TO OCTOBER 1, 1978 FOR ISSUING OF BUILDING
PERMIT TO MOE WEST FOR PROPERTY LOCATED ON SOUTii SIDE OF BUSCBMANN ROAD
RELATIVE TO SENIOR CITIZENS HOUSING UNIT
Clay Castleberry, public works director, stated that the applicant
applied and paid their fees for a permit that expired in May. They paid
this in good faith. The energy] conditions have changed since the time
of applying for the permit.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried; an extension of time to October 1, 1978 for
issuance of a building permit to Moe West for property located on the
south side of Buschman Road relatzve:to.senior citizens housing unit
was authorized. _ .,
RECESS: Th.e Board recessed at 4:50 p,m. to reconvene on August 15, 1978
at 9:00 a.m. Page 171. August 14, 1978