The URL can be used to link to this page

Home My WebLink AboutMINUTES - 02052008 - C.15 TO: BOARD OF SUPERVISORS �r •6E--L..o� _ Contra FROM: Edward P. Meyer, Agricultural Consinner- Director of Weights and Measures % o' a:''�N"'"" Costa DATE: February 5, 2008 �OST� COIJx County SUBJECT: ORDINANCE AUTHORIZING THE AGRICULTURAL COMMISSIONER TO COLLECT REGISTRATION FEES FROM CERTAIN STRUCTURAL PEST CONTROL BUSINESSES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONN: INTRODUCE, WAIVE reading, and FIX February 12, 2008 as the date to 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: On January 1, 2008, Assembly Bill ("AB") 1717 took effect, 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: --------f------------------------------------------------------------------------------------------------------------------------------------ - ---------------------- ✓R COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ---------------------------- ----------------------- --- ---- ------------------------------------------------------------ ------------------------------------ ACTION OF BO D N V O'��. iZ"4F'PROVE AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED A04VI O rjY J�09' CONTACT: Vince Guise,646-5250 JOHN CULL 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: January 22, 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 Control 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 Control 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. 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. 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 IL 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 I Structural Pest Controller licensee adds a structural pest control operator and/or field representatives to a previous annual registration. SECTION IIT. 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors Board Chair and County Administrator By: [SEAL] Deputy CJR: HAAgriculture\Fee Ordinance Draft Il.wpd ORDINANCE NO. 2008-02 (uncodified)