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Home My WebLink AboutMINUTES - 09162008 - C.31 s>r L ' To: BOARD OF SUP Contra ISORS ?� ��'� - FROM: Vincent L. Gui AgricCostaultural Commissioner- c. ;, _ s fs Director of Weights and Measures 40 r DATE: August 29, 2008 S'+' °6zit{ ~` County SUBJECT: ADOPT ORDINANCE AUTHORIZING THE AGRICULTURAL COMMISSIONER TO COLLECT REGISTRATION FEES FROM CERTAIN STRUCTURAL PEST CONTROL BUSINESSES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS) Adopt Ordinance No. 2008-02, which would authorize the establishment and collection of registration fees from certain structural pest control businesses that work or intend to work in Contra Costa County. FISCAL IMPACT Adoption of Ordinance No. 2008-02 will result in revenue of approximately $1,900.00 per year for the County. BACKGROUND California Assembly Bill ("AB") 1717 took effect this year, amending California Food and Agricultural Code section 15204 and adding section 15204.5. These provisions require certain structural pest control operators to register annually with the Agricultural Commissioner prior to operating a pest control business in the County. These provisions also allow the Agricultural Commissioner to collect a fee at the time of registration. The amount of the fee must be set by the County Board of Supervisors. Prior to the enactment of AB 1717, Food and Agricultural Code section 15204 required structural pest control operators to notify the Agricultural Commissioner annually prior to performing pest control work in the County. A $10 "notification fee" was permitted. This Assembly Bill amends section 15204 to repeal the notification requirement and instead requires the structural pest control operators to register annually with the County. The Assembly Bill also repeals the notification fee, creating in its place a registration fee of$10 or$25, depending on what type of structural pest control business is registering. CONTINUED ON ATTACHMENT: x YES SIGNATURE: �� RECOMMENDATION OF COUNTY ADMINISTRATOR Ml� RECOMMENDATION OF BOARD COMMITTEE 0 APPROVE ❑ OTHER SIGNATURE(S): A.C,TIIN OF BO&RECO41M ON A IIQAPPROVEDENDED ❑ OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND � � CORRECT COPY OF AN ACTION TAKEN AND _UNANIMOUS(ABSENT No s'ly ) ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: SEPTEMBER 16,2008 Contact: Vince Guise,646-5250 DAVID TWA, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Administrator Dept. of Agriculture County Counsel By: _ Deputy SUBJECT: REGISTRATION FEES FOR CERTAIN STRUCTURAL PEST CONTROL BUSINESSES DATE: August 29, 2008 PAGE: Page 2 of 2 Under section 15204, the Board of Supervisors may set an annual registration fee for licensed Branch 2 and Branch 3 structural pest control operator qualifying managers and Structural Pest Control Board registered companies. The fee shall not exceed the actual cost of processing the registration or ten dollars ($10), whichever is less. Under section 15204.5, the Board of Supervisors may set an annual registration fee for licensed Branch 1 Structural Pest Controller licensees (including structural pest control operators, field representatives, applicators, and Structural Pest Control Board (SPCB) registered companies). The fee shall not exceed the actual cost of processing the registration or twenty-five dollars ($25), whichever is less. Also under section 15204.5, the Board of Supervisors may set an amendment fee for licensed Branch 1 Structural Pest Controller licensees seeking to add structural pest control operators and field representatives to a previous annual registration. The fee shall not exceed the actual cost of processing the registration or ten dollars ($10), whichever is less. To process these structural pest control business registrations, Department staff must: • Mail reminder letters to notify businesses of the registration requirement; • Review the forms for completeness; • Contact businesses that have furnished incomplete information; • Process the registration fee checks and mailing receipts; • File the registration form; and • Establish a monitoring system for the monthly submission of pesticide use reports The average time expended by staff to conduct the above-mentioned activities is approximately thirty (30) minutes. Using the standard rate of$65.42 per hour for staff members, the cost of processing structural pest control business registrations is approximately $32.71 per registration. The actual cost of processing each registration exceeds the upper limits set by section 15204 and 15204.5. As such, the annual registration fees should be set at $10 and $25, respectively, and the amendment fee should be set at$10 per registration. In February 2008, Ordinance 2008-2 was introduced, and the reading was waived, but the ordinance was never formally adopted. CONSEQUENCE OF NEGATIVE ACTION Failure to adopt Ordinance No. 2008-02 will result in loss of revenue of approximately $1,900.00 as the County can no longer charge the notification fees formerly permitted by the Food and Agricultural Code. { Cep a Costa Times Legal No. 0002940278 �I ORDINANCE NO.2008-02 (Structural Pest Control P O Box 4147 operator Walnut Creek, CA 94596 ManaRegigers/Comppanies strationFee) (925) 935-2525 The Contra Costa Coun- TyBoard of orda ns as follows:Supervisors SECTION 1. Authority. This ordinance Is Clerk of the Board of Supervisors enacted pursuant to Food and Agriculture Code sections 15204 and June-Rm 106,651 Pine St., 1st Fl. 15204.5. Martinez CA 94553-1275 SECTION IL Fee Adop- tion. On and after the effec- tive date of this ordl- PROOF OF PUBLICATION nance: (1) An annual registra- tion fee of$10 is adopt- FILE NO. 2180 ad and shall be charged and collected when ofd tensed Branch 2 and Branch 3 structural pest control operator quality- In the matter of Ing manager and Struc- tural Pest Control Board registered company reg- - Isters with the County Agricultural Commis- sioner prior to operating a structural pest control business in the County. Iarn. - ' 'd ;�-2) An annual registra-. ---> '` a citizen df the'Uniteda 'Sttesana resident of the'Count ' Y (tion fee of 25 is adopt- aforesaid; I am over thea a of eighteen ears, and not art to Or ed and shall be charged 9 9 Y party and collected when a li- interested in the above-entitled matter. tensed Branch 1 Struc- tural Pest Controller li- censee (Including struc- tural pest control opera - I am the Principal Legal Clerk of the Contra Costa Times, a tors, field representa- an newspaper of general circulation, printed and published at 2640 sc ucturralplPesicattrContod Board (SPCB)registered Shadelands Drive in the City of Walnut Creek, County of Contra companies) registers Costa, 94598 tubal commissioner prl- ' or to conducting fumi- gations in the County. And which newspaper has been adjudged a newspaper of general (3) An amendment fee circulation by the Superior Court of the County of Contra Costa, of $10 is adopted and shall be charged and State of California, under the date of October 22, 1934. Case cenlsed Branch°i 19764. Struc- tural Pest Controller 11- Numbercensee adds a structural pest control operator and/or field representa- The notice, of which the annexed is a printed copy(set in type not fives to a previous an- nual registration. small than nonpareil), has been published in each regular and entire SECTION 111. Fee issue of said newspaper and not in any supplement thereof on the Schedule. following dates,to-wit: The Agricultural De- 9/19/2008 partment's fee schedule shall be revised to be ._... -....- - ._. consistent_with.this.or- _ .. - .. dinance. - .. SEC71ON IV.Severablllty. If any fee or provision of this ordinance is held in. valid or unenforceable by a court of competent jurisdiction,that holding9 shall not affect the val- Idity or enforceability of the remaining fees or previsions, and the Board declares that It would have adopted each part of this ordi- nance Irrespective of the validity of any other parL SECTION V. Supersede. This ordinance super- sedes all ordinances, resolutions, and other actions of the Board of Suppervisors that estab- lished fees for the serv- ices specified In this or. dinance. SECTION VL Effective Date. I certify(or declare) under the penalty of perjury This ordinance becomes that the foregoing is true and correct. effective 30 days after passage. Within 15 dayYs of passage, this o%. Executed at Walnut Creek, California. non=e shall be publish- ed once with the names On this 19 day of September. 2008 of me superv isors It in tin for and a as Ti it s the Contra Costa Times a newspaper published In this County. PASSED ON Signature / gSeptember 16, by the o owi�R�`ng vote:— AYES: SUPERVISORS GIOIA,UILKEMA,PIEPHO, BONILLA AND GLOVER NOES: NONE 1 ABSENT: NONE ABSTAIN: NONE ATTEST:DAVID TWA SUPERVISOR FEDERAL GLOVER Clerk of the Board of -. SupervISOM Board Chair and County Adminis- trator By: EMV LCCT#SHARP 29lm8eputY Sept.19 2888 ORDINANCE NO. 2008-02 (uncodified) (Structural Pest Control Operator Managers/Companies Registration Fee) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. Authority. This ordinance is enacted pursuant to Food and Agriculture Code sections 15204 and 15204.5. SECTION II. Fee Adoption. On and after the effective date of this ordinance: (1) An annual registration fee of$10 is adopted and shall be charged and collected when a licensed Branch 2 and Branch 3 structural pest control operator qualifying manager and Structural Pest Control Board registered company registers with the County Agricultural Commissioner prior to operating a structural pest control business in the County. (2) An annual registration fee of$25 is adopted and shall be charged and collected when a licensed Branch 1 Structural Pest Controller licensee (including structural pest control operators, field representatives, applicators, and Structural Pest Control Board (SPCB) registered companies)registers with the County Agricultural Commissioner prior to conducting fumigations in the County. (3) An amendment fee of$10 is adopted and shall be charged and collected when a licensed Branch 1 Structural Pest Controller licensee adds a structural pest control operator and/or field representatives to a previous annual registration. SECTION III. Fee Schedule. The Agricultural Department's fee schedule shall be revised to be consistent with this ordinance. SECTION IV. Severability. If any fee or provision of this ordinance is held invalid or unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining fees or provisions, and the Board declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. ORDINANCE NO. 2008-02 (uncodified) SECTION V. Supersede. This ordinance supersedes all ordinances, resolutions, and other actions of the Board of Supervisors that established fees for the services specified in this ordinance. SECTION VI. Effective Date. This ordinance becomes effective 30 days after passage. Within 15 days of passage, this ordinance shall be published once with the names of the supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSED ON. SEPTEMBER 16, 2008 by the following vote: AYES: SUPERVISORS UILKEMA, GIOIA, PIEPHO, BONILLA AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: DAVID TWA Clerk of the Board of Supervisors Board Chair and County Administrator By: [SEAL] puty CJR: H:AgricultureTee Ordinance FINAL.wpd ORDINANCE NO. 2008-02 (uncodified)