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HomeMy WebLinkAboutMINUTES - 01251994 - H.1 TO: !` BOARD OF SUPERVISORS Contra CostaFROM: John H. deFremery, Agricultural Commissio r - Director of Weights & Measures - County DATE: January 7, 1994 SUBJECT: Revision of Device Registration Fee Ordinance 93-28 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Adopt the proposed revision to the Device Registration Fee Ordinance which will increase revenue for the device inspection program. FINANCIAL IMPACT It is estimated that the revised ordinance will generate additional revenue of $45,000 per year. BACKGROUND/REASON FOR RECOMMENDATION On May 10, 1983, in accordance with Section 12240 of the Business and Professions Code, the Board of Supervisors passed Ordinance No. 83-16 . That Ordinance allowed the department to charge an annual registration fee for the commercial use of certain weighing and measuring devices. The original Ordinance has since been revised on four occasions to accommodate changes in the statute. Legislation has again revised Section 12240 by the passage of A.B. 1491 in 1993 . This legislation authorizes counties to increase device registration fees charged per location based on the number of devices. It also adds new ranges of 10 to 19, 20 to 25, and over 25 devices to the schedule. A $200 registration fee is added for weighing devices (with the exception of motor truck scales) with capacities of 20,000 pounds' or greater. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 25 , 1994 APPROVED AS RECOMMENDED X OTHER X This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the above revision. The public hearing was opened and no one appearing to testify, the public hearing was closed. Supervisor Smith moved approval . IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and Ordinance No. 94-11 , Weights and Measures Device Registration Fees , is ADOPTED. VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: Administrator ATTESTED ' January 25 , 1994 Agriculture PHIL BATCHELOR.CLERK OF THE BOARD OF SUPERVIS S AND COUNTY ADMINISTRATOR contact: E. Meyer am 6-5250 BY M382. (10/88) ,DEPUTY oil ORDINANCE 94- 11 (Weights and Measures Device Registration Fees ) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text from the enacted or amended provisions of the County Ordinance Code) . SECTION I. SUMMARY. This ordinance amends Ordinance Code section 522-2 . 404 to increase the annual device registration fee based on the number of devices inspected, and to add a registration fee of - $200 for weighing devices with capacities of 20, 000 pounds or greater. (Bus . & Prof . Code, § 12240 . ) SECTION II. Section 522-2 .404 is amended to read: 522-2 .404 Amounts . The fees due hereunder are set by numbers of commercial devices at each location under common ownership or management, as follows: (a) For mobilehome parks, recreational vehicle, and apartment complexes, where the owner of the park or complex owns and is responsible for the utility meters: an annual fee of sixty dollars ( $60) per park or complex, and a fee of two dollars ( $2 ) per device per space or apartment. (b) For weighing devices with capacities of 20, 000 pounds or greater, except for motortruck scales : an annual fee of two hundred dollars ($200) per device. (c ) For locations other than those listed in Subsection (a) and for devices other than those subiect to Subsection (b) : ( 1 ) Number of Devices ( 2 ) Fee per Location 1 to 3 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40 . 4 to 9 ... $ 80 10 to 19 . . . . . . . . . . . . . . . . . . . . . . . . . $120 . 20 - to 25 . . . . . . . . . . . . . . . . . . . . . . . . . $160 . Over 25 . . . . . . . . . . . . . . . . . . . . . . . . . $200 . (Ords . 94- 11 § 2, 83-16; Bus . & Prof . Code §§ 12240(e) , (f ) , 12243 . ) - SECTION 2243 . )SECTION III . Effective Date. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the CONTRA COSTA TIMES , a newspaper published in this County. (Gov. Code, §§ 25123 & 25124 . ) PASSED ON January 25 , 1994 by the following vote: AYES : Supervisors Smith, Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: J uty '�41Boardhair [SEAL] MAM/jh J-4:a:\weights.ord -2- . 4 vow- r BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Hearing On Increase in Fees for Device Registration Fee Schedule and to Add a Fee for weighing Devices of- 20,000 Pounds or Greater I declare under penalty of perjury that I am nowe and at all times herein mentioned have been, a citizen of the United States , over age 18; and that today I deposited in the United States Postal Service in Martinez , California , postage fully prepaid, a certified Copy of Notice of Hearing to the following: DAVID LEMON T11E HO:FMANN COMPAW PO BOX 907 CONCORD CA 94522 H[II1D1M IHI USZRY ASSOCIATION PO BOX 5160 SAN RAWN CA 94583 DEWS J RAZZ,ARI DAVIDON ROM 1600 SO= MAIN ST #150 WALNUT OUM CA 94596 RICHARD W. JENSEN ' BRADDOCK S 1AGAN ASSOCIATES 4155 WACKWW PLAZA CIRCLE, SUITE 201 DANVIII , CA 94526 I declare under penalty of perjury that the foregoing is true and correct. Dated January 11, 1994 at Martinez, California. Ail — Deputy Clerk 3 NOTICE NOTICE IS HEREBY GIVEN that on January 25, 1994 at 11:00 a.m. in the Board of Supervisors Chambers at 651 Pine Street, 1st Floor, Martinez, CA. , a public hearing will be held to increase fees for the Device Registration Fee Schedule and add a fee for weighing devices with capacities of 20,000 pounds- or greater. A copy of the fee proposal is on file in the Clerk of the Board of Supervisor's Office at 651 Pine Street, 1st Floor, Martinez, CA. Date: January 11 , 1994 John DePremery Director, weights and Measures Contra Costa County RECEIVED COUNTY. COUNSEL'S OFF/CE CONTRA COSTA COUNTY JAN 6 ;- MARTINEZ, ;,MARTINEZ, CALIFORNIA CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Date: January 5, 1994 To: John H. DeFre ry, Agricultural Commissioner - Director of Wei is and Measures From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Draft Revision of Device Registration Fee Ordinance Attached please find a draft ordinance amending County Ordinance Code section 522-2 . 404 to increase the amount of the annual device registration fee recoverable for commercial devices and to add a fee for weighing devices with capacities of 20,000 pounds or more. The fee increase is authorized by Government Code section 12240 as amended by Statutes of 1993, Chapter 1050 § 1 . Since this ordinance will increase the annual device registration fee recoverable for commercial devices and will add a fee for weighing devices of 20, 000 pounds or more, the notice and hearing procedures provided in Business and Professions Code section 12243 (copy attached) are applicable. Under section 12243, before .adopting an ordinance charging fees pursuant to section 12240, the Board of Supervisors must hold a public hearing at a regularly scheduled public meeting at which oral and written presentations about the proposed ordinance can be made. Fourteen days before the meeting, a written notice of the meeting must be mailed to any interested party who has a written request for notices on file with the Board of Supervisors . The notice must specify the time and place of the hearing, and include a general explanation of the matter to be considered and a statement that information is available about the cost of providing the service for which the fee is charged and the revenue sources anticipated to provide the services . (A model notice is attached. ) (Bus . & Prof . Code, § 12243 . ) The Board of Supervisors must make the above fee information available to the public for at least ten ( 10) days prior to the meeting. (Bus . & Prof . Code, § 12243. ) We suggest that you prepare a statement containing the necessary information and put it on file with the Clerk of the Board of Supervisors at least ( 10) ten days prior to the public hearing on the ordinance. MAM/jh cc: Phil Batchelor, County Administrator Attn: Jeanne Maglio, Chief C1erk,. Board of Supervisors b-4a:%de`:exerv.f f NOTICE NOTICE IS HEREBY GIVEN that on January 25, 1994 at 11:00 a.m. in the Board of Supervisors Chambers at 651 Pine Street, 1st Floor, Martinez, CA. , a public hearing will be held to increase fees for the Device Registration Fee Schedule and add a fee for weighing devices with capacities of 20,000 pounds or greater. A copy of the fee proposal is on file in the Clerk of the Board of Supervisor's Office at 651 Pine Street, 1st Floor, Martinez, CA. PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA RECEIVED County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,and not a party to or interested in the A above-entitled matter. L I am the Principal Legal Clerk of the Contra Costa Times,a newspaper of general circulation, printed and published at 2640 Shadelands Drive in CLERK ORS the City of Walnut Creek,County of Contra Costa,94598. CONTRA CMA CO. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa,State of California,under the date of October 22, 1934.Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: J4.1'l 13a21Qt, ............................................................... all in the year of 19.7.7. 1 certify(or declare)under penalty of perjury that the foregoing is true and correct. Executed q at Walnut reek,California. On this kl.5rday ofJdPUY.J. , 19.9Y ..... . ..........................�ignle Lesher Communications, Inc. Contra Costa Times P.O. Box 4147 Walnut Creek,CA 94596 (510)935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) NOTICE NOTICE IS HEREBY GIVEN that on January 25, 1994 at 11:00 a.m, in the Board of Supervisors Chambers at 651 Pine Street,1st Floor, Martinez, CA., a.public hearing will be held to increase fees for the Device Registration Fee Schedule and add a fee for weighing devices with capacities of 20,000 pounds or greater.A copy of the fee proposal is on file in the Clerk of the Board of Super- visor's Office at 651 Pine Street, 1st Floor,Martinez,CA. Legal CCT 3282 Publish January 13,21,1994 NOTICE NOTICE IS HEREBY GIVEN that on January 25, 1994 at 11:00 a.m. in the Board of Supervisors Chambers at 651 Pine Street, 1st Floor, Martinez, CA. , a public hearing will be held to increase fees for the Device Registration Fee Schedule And add a fee for weighing devices with capacities of 20,000 pounds. or greater. A copy of the fee proposal is on file in the Clerk of the Board of Supervisor's Office at 651 Pine Street, 1st Floor, Martinez, CA. Date: January 11, 1994 John DeFremery Director, Weights and Measures Contra Costa County ORDINANCE 94- (Weights and Measures Device Registration Fees ) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text from the enacted or amended provisions of the County Ordinance Code) . SECTION I. SUMMARY. This ordinance amends Ordinance Code section 522-2 . 404 to increase the annual device registration fee based on the number of devices inspected, and to add a registration fee of $200 for weighing devices with capacities of 20, 000 pounds or greater. (Bus . & Prof . Code, § 12240 . ) SECTION II . Section 522-2 .404 is amended to read: 522-2 .404 Amounts . The fees due hereunder are set by numbers of commercial devices at each location under common ownership or management, as follows : (a) For mobilehome parks, recreational vehicle, and apartment complexes, where the owner of the park or complex owns and is responsible for the utility meters : an annual fee of sixty dollars ( $60) per park or complex, and a fee of two dollars ( $2 ) per device per space or apartment. (b) For weighing devices with capacities of 20 , 000 pounds or greater, except for motortruck scales : an annual fee of two hundred dollars ($200 ) per device . (c ) For locations other than those listed in Subsection (a) and for devices other than those subiect to Subsection (b) : ( 1 ) Number of Devices ( 2 ) Fee per Location 1 to 3 $ 40 • 4 to 9 $ 80 . 10 to 19 $120 . 20 to 251$ 60 . Over 25 . . . . . . . . . . . . . . . . . . . . . . . . . 2S 00 . (Ords . 94- § 2, 83-16; Bus . & Prof . Code §§ 12240 (e) , (f ) , 12243 . ) SECTION III . Effective Date. This ordinance becomes effective 30 days after passage, and within 15 -days after passage shall be published once with the names of supervisors voting for and against it in the , a newspaper published in this County. (Gov. Code, §§ 25123 & 25124 . ) PASSED ON by the following- vote: AYES : NOES : ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] MAM/jh J-4:a:\we_ghts.crd —2— V - ORDINANCE 94- 11 (Weights and Measures Device Registration Fees) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text from the enacted or amended provisions of the County Ordinance - Code) . SECTION I. SUMMARY. This ordinance amends Ordinance Code section 522-2.404 to increase the annual device registration fee based on the number of devices inspected, and to add a registration fee of $200 for weighing devices with capacities of 20,000 pounds or greater. (Bus. & Prof. Code, § 12240. ) SECTION II. Section- 522-2 .404 is amended to read: 522-2 .404 Amounts . The fees due hereunder are set by numbers of commercial devices at each location under common ownership or management, as follows: (a) For mobilehome parks, recreational vehicle, and apartment complexes, where the owner of the park or complex owns and is responsible for the utility meters: an annual fee of sixty dollars ($60) 'per park or complex, and a fee of two dollars ($2) per device per space or apartment. (b) For weighing devices with capacities of 20,000 pounds or greater, except for motortruck scales: an annual fee of two hundred dollars ($200) per device. (c) For locations other than those listed in Subsection (a) and for devices other than those subiect to Subsection (b) : ( 1) Number of Devices (2) Fee per Location 1 to 3 . . . . . . . . . . . . . . . . . . . . . . . . . oS 40. 4 to 9 . . . . . . . . . . . . . . . . . . . . . . . . . .S 80. 10 to 19 . . . . . . . . . . . . . . . . . . . . . . . . . .$120. 20 .to 251$ 60. Over 25 . . . . . . . . . . . . . . . . . . . . . . . . . S200• (Ords. 94- 11 § 2, 83-16; Bus. & Prof. Code §§ 12240(e) , (f ) , 12243. ) SECTION III. Effective Date. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the CONTRA COSTA TIMES , a newspaper published in this County. (Gov. Code, §§ 25123 & 25124 . ) PASSEQ ON January 25, 1994 , by the following vote: AYES: Supervisors Smith, Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None , ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Ann Cervelli Thomas M. Powers Deputy Board Chair FAX XXXORRrDUR •• aM'. CLERK OF THE BOARD OF SUPERVISORS ` . CONTRA COSTA COUNTY 651 Pine Street, Room 106 Martinez, California 96553 Phone (615) 646-2371= FAX 616-1059 DATE: • 5 e -- ►mom. s — ,u, U:+•�, t �, �,� S .0 TRoM: TOTAL PAGES INCLUDING THIS COVER +„ Comments: r Irar-f.,mt ta�Llnkmi PLEASE AMSB IF FOR ANY RBASON YOU DO NOT RBCZM IMS, ZTU 00l+�LETE!