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HomeMy WebLinkAboutMINUTES - 01232007 - C.16 TO: BOARD OF SUPERVISORS F.:.. CONTRA FROM: Lori Gentles, Assistant County Administrator— Director of Human Resources COSTA DATE: January 23, 2007 COUNTY SUBJECT: Exemption of Chief of Labor Relations and Principal 1 Labor Relations Negotiator Classifications �p Abolish Labor Relations Manager-Exempt SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Introduce Ordinance No. 2007-02 to exempt from the Merit System the classifications of Chief of Labor Relations and Principal Labor Relations Negotiator, and abolish the classification of Labor Relations Manager-Exempt in the Human Resources Department, waive reading, and fix February 6, 2007 for adoption. FISCAL IMPACT None BACKGROUND The Chief of Labor Relations is a single position classification responsible for directing the County's labor relations program. The Principal Labor Relations Negotiator has responsibility for directing the day-to-day activities of the Labor Relations Unit. Since both classifications are high-echelon positions within the Human Resources Department, responsible for determining and advocating substantive program policy, and for directing the daily operation of the Labor Relations Unit, the Chief of Labor Relations and the Principal Labor Relations Negotiator classifications should be exempt. County Counsel has amended the Ordinance as required for exempting these positions and for abolishing the Labor Relations Manager-Exempt classification. The ordinance will now supersede the previous ordinance exemptions positions from the Human Resources Department, pending board approval. RESULT OF NEGATIVE ACTION If this action is not approved, the Director of Human Resources will not be able to ensure maximum responsiveness of these high-echelon classifications. Furthermore, the department's flexibility in filling these highly important positions will be significantly compromised. CONTINUED ON ATTACHMENT: --- YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN TION OF BOARD COMMITTEE --"APPROVE OTHER r SIGNATURES : ACTION OF B A ON �� I��Q�y APPROVED AS RECOMMENDED OTHER VOTE O SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT UNANIMOUS(ABSENT_ OYl��+ ) COPY OF AN ACTION TAKEN AND ENTERED ON THE AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE ABSENT: ABSTAIN: SHOWN. Orig. Dept: Human Resources Department(Lori Gentles—5-1766) ATTESTEDalK,Q�Yc� cc: Human Resources Department JOHN CULLEN,NQLRRK OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR County Administrator's Office BY —,DEPUTY IZ M382(10/88) 012 �� fL► -f V�v COPY ORDINANCE NO. 2007- 02 (Excluding chief of labor relations-exempt and principal labor relationz,; negotiator-exempt from the merit system and eliminating labor relations manager.) The Contra Costa Q-Junty Board of Supervisors ordains as follows (ornitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I: Section 33-5.307 of the County Ordinance Code is amended to eliminate the classification of labor relrations manager, to read: 33-5.307 County administrator- (a) The country administrator is excluded and is appointed by Me board of supervisors. (b) The following positions in the county administrator's office ;are excluded arid are appointed by the county administrator: chief assistant county administrator; assistant county administrator; assistant county administrator-director of Duman resources; . manager capital facilities and debt management-exempt; executive assistant to the county administrator-exempt; and chief public communication,; officer-exempt. (Ords. 2007-02 § 1, 20013-54.§ 1 , 2005-36 § 1, 2004-03 § 1, 2002-26 § 1 , 97-47 § 1 , 95-41 § 1, 85-7 § 2, 81-70 § 2, 81-32 § 1[2]. 80-56 § 1, 79-43 § 2, 76-21 ; 73-9 § 3: former § 32- 2.602(8): prier code § 2413(h): Ords. 1449, 1444, 1289, 1209.. 703 § 2, 627 § 2 (8-31- 51): §§ 24-4.oO2. .004, .012, 013). SECTION 11: Section 33-5.413 of the County Ordinance Code is am( rided to eXCILide from the merit system the classifications of chief labor negotiator-exempt and principal labor negotiator- exempt, to read: 33-5,413 Human Resources. (a) The assistant director of human resources-exempt is excluded and is appointed by the assistant county administrator-director of human resources. (b) The employer: benefits manager-exempt is excluded and is appointed by the assistant county administrator-director of human resources. (c) The chief of labor relations-exempt and the principal labor relations negofiator- exempt are Excluded and are appointed by the assistant county administrator-director of human resources. (Ords. 2007-02 § 1, 2006-54 § 1, 2005-12 § 1, 2003--10 § 1). ORDINANCE NO. 2007-02 SECTION 11: EFFE(:,TIVF-- DATE. This ordinance becomes effective '.;0 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the a newspaper published in this COUnty. PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JOHN OULLEN, Clerk of the Board and County Administrator By: 15-4-puty Boa [SEAI-j MAM/am Fi1HR%0x8rrV ordkchlnf )f labor iq-a6on5-exturvi orfj11-,"?.wD0 ORDINANCE NO. 2007-02 01/22/,?007 09:27 CONTRA COSTA COUNTY CLERK OF THE 4 95168630 NO.993 902 T0: BOARD OF SUPERVISORST. CONTRA 1 .1.. .. FROM: Lorl Gentles,Assistant County Administrator— r / Director of Human Resources COSTA DATE: January 27,2007 COUNTY SUBJECT: Exemption of Chief of Labor Relations and Pilncipal Labor Relations Negotiator Claselficatlons ! b Abolish Labor Relations Manager-Exempt SPECIFIC REOUEST(B)OR RFCONMENDATION(5)a BACKGROUND AND JUSTIFICATION I RECOMMENDATION : Introduce Ordinance No. 2007.02 to exempt from the Merit System the classifications of Chief of Labor Relations and Principal Labor Relations Negotiator, and abolish the classification of Labor Relations Manager-Exempt in the Human Resources Department, waive reading, and fix February 6. 2007 for adoption. ; I FISCAL IMPACT None i ByCKGROUND The Chief of Labor Relations Is a single position classification responsible for directing the County's labor relations program. The Principal Labor Relations Negotiator has responsibility for directing the day-to-day activities of the Labor Relations Unit. Since bath classifications are high-echelon positions within the Human Resources Department, responsible for determining and advocating substantive program policy, and for directing the daily operation of the Labor Relations Unit,the Chief of Labor Relations and the Principal Labor Relations Negotiator classifications should be exempt. County Counsel has amended the Ordinance as required for exempting these positions and for abolishing the Labor Relations Manager-Exempt classification. The ordinance will now supersede J' the previous ordinance exemptions positions from the Human Resources Department, pending board i approval. RESULT OF NEG9TIVE ACTION If this action is not approved, the Director of Human Resources will not be able to ensure maximum responsiveness of these high-echelon Classifications. Furthermore, the department's flexibility in filling these highly important positions will be significantly compromised. i • 1 CONTINUED ON ATTACHMENT: ✓YES SIGNATURE: op _L/RECOMMENDAnON OF COUNTY AOMINISTAATOR —RECOMMEN ON OF BOARD COMMITTEE (APPROVE OTHER 910NATUR ACTION OF ON n 'r a`g °F/� APPROVED AS RECOMMENOEO OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT _UNANIMOUS(ASSENT ) COPY OF AN ACTION TAKEN AND ENTERED ON THY AYES: NOES: MINUTES OF THe BOARD OF SUPERVISORS ON THE DATE ASSBNT: ABSTAIN: SHOWN. 1 Ong.Dept: Human Resources oepanmeni(Lad Gentle*-61786) ATTESTED %'AF.".,a W-Y 06�1 oao/2 cc; Human Resources Dspegment JOHN QULL&N,rWAK OP THE 90AgD OF Audlim-Controller SUPERVISORS AND COUNTY AOMINISTRATOR Counly AdMinlstrgtoi s Office By DEPUTY U382(10169) - "•""" �f CONTRA COSTA COUNTY CLERK OF THE 4 95168630 925 313 1459 NO.993 D03 FROM : FAX NO. :925-313-1459 Jan. 22 2007 09:07AM P1 (�ROINANCE Ng. 200 (Excluding chief of 1<ibor relations-exempt and principal labor relation+ negotiator-exempt from I the merit system and eliminating labor relations manager.) II I Thd Contra Costa County Board of Supervisors ordains as follows (ornittin g the parentlietical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTiON ; Section 33-6,307 of the County Ordinance Code is amended t4 eliminate the classification of labor relations manager, to read: 33-5.307 County administrator. i (a)The county administrator is excluded and is appointed by the: hoard of supenAsors. (b)The following positions in the county administrator's office .are excluded arid are j appointed by the nounty administrator chief assistant county zidministrator; assistant county administrator; assistant county administrator-director of human resources; manager capital facilities and debt management-exempt; executive assistant to the county administrator-exempt; and chief public communication!; officer-exempt, (Ords. 2007-02 § 1, 2006-54 § 1, 2005-36 § 11 2004-03 § 1, 2002-26 9. 1, 97-47 § 1 95-41 § 1, 85-7 § 2, 81-70 § 2, 81-32 § 1(2), 80-56 § 1, 79-03 § 2, 76-21, 73-9 § 3: former,5 32- 2.602(8): prior code § 2413(h): Ords. 1449, 1444, 1289, 1209. I03 § 2, 627 § 2 (8-31- 51): §§ 24-4.002. .004, .012, 013). SECTION 11: Section 33-5,413 of the County Ordinance Code is amorided to exclude from the merit system the classifications of chief labor negotiator-exbmpt and principal labor negotiator- exempt, to read: I► 33.5.413 Human Resources. (a) The assistant director of human resources-exempt is excluded and is appointed by ' the assistant county administrator-director of human resource-s. (b) The employee; benefits manager-exempt is excluded and is appointed by the assistant county administrator-director of human resources. (c) The chief of labor relations-exempt and the principal labor relations negatiator- exernpt are excluded and are appointed by the assistant county administrator-director of human resources. (Ords. 2007-02 § 1, 2008-54 § 1, 2005.12 § 1, 2003.10 § 1), 0RQjNANCE N_0. 2oo2-az CONTRA COSTA COUNTY CLERK OF THE 4 95168630 NO.993 004 i FROM FAX NO. :921-313--1459 Jan. 22 2007 69:28AM P2 I ECCTION 11: EFFECTIVE DATE. This ordinance becomes effective :►0 days after passage, j and within 15 days 6 passage shall be published once with the names of the supervisors voting for and against it in the a newspaper published in this County. PASSED ON by the following vote: AYES: NOES: ABSENT: I ABSTAIN: ATTEST: JOHN C.ULLEN, Clerk of the Board and County Administrator By: Deputy - oard C MaiIr (SEAL-1 MAN11arn M„NR,ovofmj o,a%cni�i.,,i4eor o .�NCE N . x o�-oz I . 01/22/2007 09:27 CONTRA COSTA COUNTY CLERK OF THE 3 95160630 NO.993 001 Office of the Clerk of the Board of Supervisors CONTRA COSTA COUNTY 6.51 Pine Street, Room 106 Martinez, CA 94553 Phone: 925.335.1900 Fax: 925.335.1913 Memo of Transmittal Date: January 22, 2007 Via: To: Supervisors Gioia, Uilkema, Bonilla, r First Class Mail Glover, and Piepho W Fax. 1.Overnight By: Jane Pennington r By Hand CG: Chiefs of Staff r Interoffice Mail No. of Pages Document ind. cover 4 C.16 for the Jan. 23 Board meeting, with proposed Ordinance text attached Notes: The meeting packets did not contain the proposed Ordinance, which is attached here for your consideration. I E =:=: Contra TO: BOARD OF SUPERVISORS Costa :�.;�, s County FROM: CARLOS BALTODANO, DIRECTOR BUILDING INSPECTION DEPARTMENT DATE: February 6, 2007 i SUBJECT: CITY OF RICHMOND AGREEMENT i SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Director of Building Inspection to execute a contract with the j City of Richmond to provide the city enhanced building inspection related i services for the period December 1, 2006 through November 30, 2007. FISCAL IMPACT None, The City of Richmond will reimburse all costs. I CONTINUED ON ATTACHMENT: YES SIGNATURE i _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE -APPROVE OTHER NATURE(S):q�z-'�-., ACTION OF BO ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A AYES: NOES: TRUE AND CORRECT COPY OF AN ABSENT: ABSTAIN: ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF Contact: Carlos Baltodano(925!335-1108) SUPERVISORS ON THE DATE SHOWN. ATTESTED: cc: Building Inspection John Cullen, Clerk of the Board of Supervisors and County Administrator BY ,DEPUTY CB:td Wdord\AgmnMichmond ' I I BACKGROUND/REASONS FOR RECOMMENDATIONS ` The City of Richmond has requested the County's assistance to perform Building Inspection related services. Specifically, the County may be called upon to provide assistance in the area of plan review. The agreement also allows the City to request i services including inspections, zoning/building violation investigations, and counter services. These tasks will be performed on an as needed basis. Specific j reimbursement rates for inspection and plan review services are detailed in the i agreement. I Contra Costa County Building Inspection Department will provide the services consistent with procedures of the City of Richmond and applicable codes. The Department will work closely with the City's Building Division of the Community Development Department in the implementation of building inspection services. j i i i i I i I i i I I I I E i I \bdord\Agm ntRichmond\ January 18,2007 j Page 2 of 2 I I E AGREEMENT FOR BUILDING INSPECTION SERVICES I This Agreement is entered into between the City of Richmond("City") and Contra Costa County("County") for building inspector services to be provided by the County to the City. RECITALS: I A. The City desires to utilize the County Building Inspection Department to provide j plan-checking, counter services,inspection,respond to citizen complaint and investigation services to the City's Planning and Building Department. i i B. The purpose of this Agreement is to set forth the terms and fees for providing building inspection services to the City's Planning and Building Department. i NOW THEREFORE,the parties, for valuable consideration, agree as follows: i Section 1. SERVICES TO BE RENDERED. j The City agrees to hire County Building Inspection Department staff to provide services to the City's Planning and Building Department as set forth in Exhibit A,which is incorporated f by reference herein. The City will furnish direction to County Building Inspection Department staff as needed through its Building Official in order to accomplish the services listed in this Agreement. The County will provide vehicles and communication equipment as deemed necessary by the County.. County staff shall remain employees of the County. City shall not be responsible for worker's compensation or any employee benefits, other than provided in this Agreement and attached Exhibits A and B. Section 2. TERM. I i This Agreement is effective from December 1, 2006 through November 30,2007. i Section 3. PAYMENT OF FEES AND REIMBURSEMENT OF COSTS. a. Except as expressly provided in Exhibit B, attached hereto and incorporated f herein, the City shall pay the following fees to the County for the services performed herein: I Position/Title Rate Per Hour Senior/Structural Engineer $85 Sr./Principal Building Inspector $75 Building Inspector lI $70 Building Inspector I $65 Senior Plan Checker $65 Building Plan Checker 11 $40 Building Plan Checker I/Clerk $35 -1- i I 1 b. The County,through staff of the Building Inspection Department,will submit to C the City a monthly report detailing expenditures and charges. This report shall include reasonable documentation of expenses incurred, including but not limited to invoices and time sheets. C. Plan checking and review fees are set forth in Exhibit B. d. The City's total payments to the County under this Agreement shall not exceed$99,900. If this payment limit is reached, services provided by the County under this Agreement will cease. f Section 4. HOLD HARMLESS AND INDEMNITY. County agrees to indemnify and hold harmless City from the County's share of liability for damages caused by the negligence or willful misconduct of the County, its officers, agents or t employees in the County's performance under this Agreement. County's obligations under this section shall not apply to any claim, cost or liability caused in whole or in part by the negligence i or willful misconduct of the City. Under no circumstances shall County have any liability to i City or to any other person or entity, for consequential or special damages, or for any damages based on loss of use,revenue,profits or business opportunities arising from or in any way j relating to County's performance under this Agreement. City shall defend, indemnify and hold harmless County, its officers and employees from all claims, suits or actions of every name,kind and description brought by or on account of injuries to or death of any person or damage to I property resulting from anything done or omitted to be done by City, its officers, agents or employees under or in connection with this Agreement or with any work, authority or jurisdiction of City. Section 5. NOTICES. I All correspondence regarding this Agreement, including invoices,payments, and notices, shall be directed to the following persons at the following addresses and telephone numbers: COUNTY: Carlos Baltodano,Director j Building Inspection Department Contra Costa County 651 Pine Street, Yd Floor, N. Wing j Martinez, CA 94553 j (925) 335-1108 CITY: Richard Mitchell,Director Planning and Building Department 1401 Marina Way South �. City of Richmond, CA 94804 (510) 620-6706 -2- i i i Section 6. TERMINATION. a. This Agreement may be terminated by either the City or the County by giving at j least 30 days written notice thereof to the other party. j I b. Should either party be in default of the terms of this Agreement,the non- defaulting party may give written notice of such default and should such default not be corrected within thirty days after the mailing of said notice,this Agreement may then be terminated by the non-defaulting party by giving ten days written notice thereof. i The parties, by the Director of the County's Building Inspection Department as authorized by the County Board of Supervisors and by the mayor of the City, each hereunto duly authorized,have executed this Agreement on the date appearing below. i CONTRA COSTA COUNTY CITY OF RICHMOND j By: By: j Director of Building Inspection Mayor Dated: Dated: ! i Approved as to form: Approved as to form: I By: By: j Deputy County Counsel City Attorney i Dated: Dated: i MOU.Richmond.2006.l.wpd j i i I i I I i -3- i 1 EXHIBIT A Duties to be performed by County Building Inspection Department staff for f the City of Richmond's Planning and Building Department Scope of Duties: As requested by the City, through the Director of Planning and Building Services, County Building Inspection staff persons will perform Building Official duties with regard to applicable building and zoning codes and laws. These duties will be in connection f with the enforcement of City building, zoning, mechanical,.plumbing, electrical,housing and related codes and regulations, including uniform codes as adopted by the City, governing the construction, alteration, repair and use of buildings and structures. The City, through the I Building Official, may also request County Building Inspection Department to perform other functions as described below. All these services will be requested on an as-needed basis. i I. Building Official Services The appointed Building Official will have overall responsibility for supervising the work of building inspection, permitting and plan check engineering staff. The appointed Building Official will plan, organize, coordinate and review the work of all Building department field and administrative staff assigned to all phases of the construction of single and multi-family structures, including public housing, will review "Stop Work" and "Notice to Comply" orders prior to their issuance when requested by the Director of Planning and Building Services, will provide technical direction and training to building inspectors, will perform over-the-counter plan review of non-engineered structures and will perform inspections, including field inspections, as described in Section II, below. The appointed Building Official will maintain records and prepare reports as required. I II. Plan Review Services I At the request of, and as directed by the City Planning and Building Director, County building inspection staff shall check plans and specifications for compliance thereof with j the requirements of the current adopted building codes and with the City's Municipal Code. After plans and specifications are delivered to County building inspection staff for review,the County building inspection staff shall furnish to City a written report indicating whether such plans and specifications are in compliance with applicable codes or not and if not, identifying each failure to comply with such codes. When necessary, i County building inspection staff will meet with involved architects or engineers to make a determination of compliance. I All plans and specifications to be reviewed will be picked up by County building I inspection staff from City's offices and returned thereto, at County's own expense,or will be transmitted to County in mailing bags provided by County to City at County's expense. i i -4- i 4 I j III. Inspection Services Inspection services that may be provided to the City include the following: Review of plans and specifications for buildings and related construction involving installation, repair,replacement and alteration for compliance with applicable codes and regulations; issuance of building,plumbing and electrical permits; inspection of sites and i buildings before construction or alteration to determine compliance of plans with applicable codes and regulations; inspections during construction for compliance with Uniform Codes (U.B.C.,U.M.C., U.P.C. and N.E.C.) as adopted by the City and I Richmond Municipal Code; issuance of certificates of occupancy. Interpretation of applicable codes and regulations; explanation of required inspections and construction requirements to owners, architects, engineers, contractors and the i public; advice to owners on matters related to building permits; maintenance of records and files of inspections made and actions taken. Field inspections to check for zoning violations; inspection of existing buildings to determine hazardous conditions; inspection of construction or alterations being performed without proper building permits. Inspection of the quality of materials and the methods of construction for footings and I foundations, excavations, wood framing,concrete work, steel erection, lathing and plastering, tile work,masonry, electrical,plumbing and other construction work to ensure compliance with applicable codes and regulations. i Investigation of citizen complaints related to applicable codes and regulations. f IV. Code Enforcement At the request of, and as directed by the City Building Official, County building inspection staff will investigate complaints regarding zoning violations and/or building code violations. j Inspections and investigations will follow the requirements of the current building codes, i as adopted by the City, and applicable provisions of the City's Municipal Code. Code enforcement will be performed by County Building Inspection staff at the level of Building Inspector I or H. I The role of County Building Inspection staff is limited to code enforcement inspections and investigations. The City will be responsible for issuing any notices, including notices of code violations or other notices,that the City may deem necessary for seeking compliance with its municipal. code. The City will be responsible for taking any enforcement action, including pursuing judicial or administrative remedies, which the City may deem necessary for seeking compliance with its municipal code. -5- I Ir I r { V. Counter Services I i County staff assigned to the City for the provision of counter services may perform the following tasks as directed by the City Building Official: I i Provide information to the public on building and permit requirements. Review of permit applications for completeness of submittal and approvals of other agencies. { I Process and issue permits using the automated permit management system. i Accept fee payments and prepare accurate receipts, computer notations,and other appropriate documentation. I File plans and applications. Coordinate return of corrected plans and assists in distribution of plans as needed. Perform all documentation related to plan review and permit issuance. I i i i I I {f I f I i -6- i r f EXHIBIT B ' I Payment Provisions for Plan Checking and Review i Invoices shall be paid promptly, upon the timely approval of authorized City staff, in accordance with the following: Compensation. City hereby agrees to pay County: j 1. For plan check and review services provided by the County to the City,the County shall be paid a percentage of the plan check fee collected by the City from the applicant, in accordance with the following schedule: a. Structural-only plan check: 40 percent of plan check fee collected by the City. b. Structural plan check and energy plan check(pursuant to Title 24, California ' Code of Regulations): 45 percent of the plan check fee collected by the City. c. Structural, fire/life safety, handicapped accessibility, energy, and building code regulations plan checks: 70 percent of the plan check fee collected by the City. d. Energy check(pursuant to Title 24, California Code of Regulations) and handicapped accessibility plan check: 10 percent of the plan check fee collected by the City. All plan check services shall include the original check and, if necessary,up to two follow-up checks, if necessary. The hourly rate for plan check services for any additional follow-up check, or for design change plan checks after the issuance of permits for $65.00 per hour. 2. In the event County staff is requested by City to review changes on plans or specifications previously checked and follow-up check by County, or to perform any other additional services beyond those described in Exhibit A of this Agreement, County shall be compensated for such services based upon County's standard hourly rate of $65.00 per hour. 3. The County entitlement to compensation for regular and/or additional plan check services shall be deemed complete upon the City's approval of the services or within 60 days of plan submittal to City,without City objection whichever is first. County Building Inspection Department staff shall submit to City two sets of checked plans signed by County as plan checked, and one set of calculations and specifications. The County will include with its submittal an itemized invoice for plan check services,directed to the City as specified in Section 5 of this Agreement, "Notices." Compensation to County shall be paid by City within one month of receipt of County's invoice. 4. Except for the compensation provided herein and in Section 3 of this Agreement -7- . I, Y - I i t (Payment of Fees) and as provided in Section 4 (Hold Harmless and Indemnification)of this Agreement, City shall have no liability for payment of any costs or expenses incurred j by County in connection with the performance of its services under this Contract. j 5. Plan Check Deadlines. The County will endeavor to adhere to the plan check time i schedule as follows: i 5.1 Two weeks for projects evaluated to be less than$1,500,000. 5.2 Three weeks for projects evaluated to be from $1,500,000 to$5,000,000. 5.3 Four weeks for projects evaluated to be more than$5,000,000. i 5.4 Five working days for each follow-up check. The first day of review is the first working day after receipt of plans from City. At the completion of every review, a list of plan review comments will be sent to the applicant (or designated party) in addition to the City Building Official. Modifications to Section 1 above may be necessary due to workload and/or quantity of plan submission by City. County will notify City at the earliest possible time as to the possibility of a delay on meeting the established deadlines. I I i j I i i I -8- TO: BOARD OF SUPERVISORS Contra FROM: JOHN CULLEN, Costa CountyAdministrator Adt �`•���-- � dorT '9 (T011ly'� DATE: January 23, 2007 County SUBJECT: AMEND 2007 STATE LEGISLATIVE PLATFORM TO PURSUE SPOT BILL TO PROTECT SURCHARGE REVENUE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: AMEND the Contra Costa County 2007 State Legislative Platform to pursue a spot bill that would provide protection to Contra Costa County's municipal surcharge revenue by clarifying that the statutory formula for calculating surcharge revenue is also the formula for remitting the revenue, ensuring that the remittance respects a "return to source"method. FISCAL IMPACT: In 2005, Contra Costa County received$4.2 million in gas surcharge revenue. If PG&E is required to revise its remittance practice, it is estimated that the County's surcharge revenue would decline to approximately$210,000 per year, a 95% reduction. BACKGROUND: PG&E is mandated by the Legislature to collect and remit to cities and counties"surcharges"on PG&E gas and electricity sales. The surcharges are in lieu of franchise fees that the County lost when PG&E sold its power plants as part of the State's deregulation of the energy market. Soon after the energy market was deregulated,the Legislature recognized that increasing sales by third-party Energy Service Providers(ESPs) could substantially decrease the franchise fees paid to California municipalities. Because utilities such as PG&E were no longer selling the commodity, their comparatively•lower gross receipts would mean lower franchise fee payments. Accordingly, in 1993 the Legislature enacted SB 278,the Municipal Public Lands Use Surcharge Act("Municipal Surcharge Act"), requiring customers purchasing gas and electricity from ESPs to pay surcharges to municipalities--and prescribing specific formulae for calculating same. Cal. Pub. Util. Code§§6350 et seq. [The statutes were amended in 1997 by SB 703.] CONTINUED ON ATTACHMENT: x YES SIGNATURE: �. � _ RECOMMENDATION OF COUNTY ADMINISTRATOR R OMMENDATION OF BOARD COM E L.--- APPROVE OTHER SIGNATURE s: ACTION OF t�DN APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: Contact: L.DeLaney 5-1097 Cc: ATTESTED S.Hoffman,CAD's Office JOHN CULLEN,CLERK OF THE BOARD OFSUPERVISORS L.Driscoll,CAO's Office C.Christian,via CAD's Office BY: DEPUTY Surcharge Revenue Protection Spot Bill.,p.2 January 23,2007 Thus, municipal surcharges are monies collected from customers who purchase electricity and natural gas from third party energy service providers("ESPs")—not PG&E. The ESPs use PG&E's transmission and distribution systems to transport the natural gas and/or electricity to their customers. PG&E collects the surcharge from these customers on a jurisdiction's behalf and then remits the monies to the jurisdiction on an annual basis. While PG&E collects and remits the surcharge pursuant to a formula specified in the Public Utilities Code, PG&E has been sued by the City of San Jose who has challenged PG&E remittance formula. San Jose interprets the Municipal Surcharge Act as requiring that PG&E remit San Jose's municipal surcharge at the rate set forth in the City's franchise ordinances, or 2%of gross revenue, rather than "by the sum of the franchise fee factor plus any franchise fee surcharge"as specified in Public Utilities Code Section 6353(d). . Section 6350 describes the Act's intent: "There is hereby created a surcharge to be applied to natural gas and electricity transported over utility and nonutility transmission or distribution systems, or both, constructed under, along, across or upon the public streets, ways, alleys, and places WITHIN A MUNICIPALITY, to replace but not increase,franchise fees that would have.been collected pursuant to this division if not for changes in the regulatory environment such as the"unbundling"of the gas industry." Section 6353 sets forth an explicit and detailed mechanism for calculating the surcharge. 6353. For purpose of calculating the surcharge required in Section 6352,the energy transporter[PG&E]shall do all of the following: (a) For each transportation customer, determine the volume of transported gas or electricity, in therms or kilowatt hours respectively, subject to the surcharge. (b) Determine the weighted average cost of the energy transporter's gas or electricity. For gas,the energy transporter shall use its tariffed core subscription weighted average cost of gas(WACOG)exclusive of any California sourced franchise fee factor. For electricity,the energy transporter shall use that portion of the otherwise applicable utility rate or charge which, pursuant to commissioner order, is removed from the bill of a retail electric customer who has elected direct access to reflect the fact that the customer is purchasing energy from a nonutility provider exclusive of any.California sourced franchise fee factor. For an energy transporter that does not provide gas or electricity at a commission tariffed rate,the energy transporter shall use the equivalent tariffed rate of the commission regulated energy transporter operating in the same service area. (c) Determine a product for each transportation customer by multiplying the volume determined pursuant to subdivision (a) by the weighted average cost determined pursuant to subdivision (b). (d) Determine the surcharge applicable to each transportation customer by multiplying the product determined pursuant to subdivision (c) by the sum of the franchise fee factor plus any franchise fee surcharge authorized for the energy transporter as approved by the[Public Utilities Commission]in the energy transporter's most recent proceeding in which those factors and surcharges were set. An energy transporter not regulated by the commission shall multiply the product determined in subdivision (c)by the franchise fee rate contained in its individual franchise agreement in effect in each municipality. (e)The surcharge assessed pursuant to this chapter only applies to the end use point. It would be helpful if it was clearly stated in Section 6353(d) (which details the mechanism which PG&E uses to calculate the surcharge)that the formula should be: Third party provider(ESP) product volume multiplied by the franchise fee FACTOR approved by the CPUC in the utility's most recent rate proceeding. By making the formula for CALCULATING and REMITTING the surcharge clear, the legislative intent becomes more obvious, and the surcharge revenue generated from Contra Costa County customers who purchase gas and electricity from third party providers will continue to be remitted to Contra Costa County.