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Home My WebLink AboutMINUTES - 03231993 - H.1 M;o: BOARD OF SUPERVISORSF..t �- --- Contra FROM: John H. deFremery, Agricultural Commissi9ler r Director of Weights & Measures ='* Costa County DATE: February25 1993 ° COU. SUBJECT: Revision of Device Registration Fee Ordinance 92-13 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Adopt the proposed revision to the Device Registration Fee Ordinance which will bring additional devices into the program. FINANCIAL IMPACT It is estimated that the revised ordinance will generate additional revenue of $13, 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 three occasions to accommodate changes in the statute. Legislation has again revised Section 12240 by the passage of A.B. 2510 in 1992 . This legislation authorizes counties to increase the annual device registration fee assessed in the case of mobile home parks., recreational vehicle parks and apartment complexes . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON — -- March 23, 1993 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT 1 I ) 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+i a Agriculture Department ATTESTED [larch 23, 1993 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY 'DEPUTY i s ORDINANCE 93- 28 (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 section 522- 2 . 404 to conform to Business and Professions Code section 12240 by increasing the annual device registration fee assessed in the case of mobilehome parks, recreational vehicle parks and apartment complexes . 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 locations other than those listed in Subsectionj a L ( 1 ) Number of Devices 1 to 3 4 to 9 over 9 ( 2 ) Fee per Location $20 . $40 . $60 . (Ords . 93- 28 § 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 . ) PASSED ON March 23, 1993 , by the following vote: AYES: Supervisors Powers, Bishop, McPeak, Torlakson NOES: None ABSENT: Supervisor Smith ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] MAM/f j b FB3A:a:\weights.ord ORDINANCE NO. 93-28 .r ORDINANCE 93- 28 (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. SUMMMY. This ordinance amends Ordinance section 522- 2 .404 to conform to Business and Professions Code section 12240 by increasing the annual device registration fee assessed in the case of mobilehome parks, recreational vehicle parks and apartment complexes . 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 locations other than those listed in Subsection (a ) : ( 1 ) Number of Devices 1 to 3 4 to 9 over 9 ( 2 ) Fee per Location $20 . $40 . $60 . (Ords . 93- 28 § 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 . ) PASSED ON March 23, 1993 by the following vote: AYES: Supervisors Powers, Bishop, McPeak, Torlakson NOES: None ABSENT: Supervisor Smith ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: 0719T TblF d Deputy Board Chair MAM/ b FB3 :\weights.ord t BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Notice of Public Hear. im g to be held on March 23, 1991 Agriculture Fees I declare under penalty of perjury that I am now, 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 Public Hearing to be held on March 23, 1993 at 11 :00 a.m. increasing fees for Agriculture Department services. and copy of unadopted Ordinance. to the following : DAVID LENNON THE HOFMANN COMPANY PO BOX 907 CONCORD CA 94522 BUIL IM DWSTRY ASSOCIATION PO BOX 5160 SAN RAMDN CA 94583 DENNIS J RAZZARI DAVIDON HOMES 1600 SOUTH MAIN ST #150 WALNUT OUMK CA 94596 RICHARD W. JENSEN BRADDOCK & LOGAN ASSOCIATES 4155 BLACKHAWK PLAZA CIRCLE, SUITE 201 DANVILLE, CA 94526 . I declare under penalty of perjury that the foregoing is true and correct. Dated March 2, 1993 at Martinez, California. Deputy er 3 NOTICE NOTICE IS HEREBY GIVEN that on March 23, 1993 at 11:00 a.m. in the Board of Supervisors Chambers at 651 Pine Street, lst Floor, Martinez, CA., a public hearing will be held to increase fees for annual device registration assessed in the case of mobilehome parks, recreational vehicle parks, and apartment complexes. Phil Batchelor, Clork of the Board of Supervisors and County Administrator By: J. 0. Maglio, Deputy Clerk "larch 2, 1993 DEPARTMENT OF AGRICULTURE Contra Costa County Date: February 25, 1993 To: Phil Batchelor, County Administrator Attn: Lisa Driscoll From: John H. deFremery, Agricultural Commissioner Director Weights & Measures Subject: Device Registration Fee Please be advised that based on fiscal year 1991-92 expenditures, we project a cost of $304, 000 for the inspection of those devices which will be subject to the registration fee. For comparison you should also be advised that we estimate revenues from this source to be approximately $60, 000 annually. JdF:tm devreg.mem DEPARTMENT OF AGRICULTURE Contra Costa County Date February 25, 1993 To: Phil Batchelor, County Administrator Attn: Lisa Driscoll From: John H. deFremery, Agricultural Commissioner Director Weights & Measures yd4l Subject: Revision of Device Registration Fee Ordinance In an effort to continue improving on the balance of financial support between industry and government, the State legislators have again revised Section 12240 of the Business and Professions Code. The revision will now subject certain devices to the fee which were exempt in the past. In order to take advantage of this opportunity to generate additional revenue, we are requesting the Board to adopt the enclosed revisions of the Device Registration Fee Ordinance. For further assistance from my staff, please contact Ed Meyer at 6-5250 . JdF:sf device.mem rAl COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY 4Y ( MARTINEZ, CALIFORNIA Date: February 19 , 1993 J � To: John H. DeFremery, Agricultural Commissioner - Director of Weights and Measures Attention: Ken Robinson From: Victor J. Westman, County Counsel ��aa By: Mary Ann McNett Mason, Deputy County Counsel /�r • �' 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 from owners of mobilehome parks, recreational vehicle parks and apartment complexes . The fee increase is authorized by Government Code section 12240 as amended by Statutes of 1992, Chapter 1203 § 1 . Since this ordinance will increase the annual device registration fee recoverable from mobilehome parks, recreational vehicle parks and apartment complexes, the notice and hearing procedures provided in Business and Professions Code section 12243 are applicable. (Copy attached. ) Under section 12243, 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 before adopting an ordinance charging fees pursuant to section 12240 . 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 Clerk, Board of Supervisors 1FB3a:a:\regis.fee Model Notice NOTICE NOTICE IS HEREBY GIVEN that on (specify date] at fspecify timel a.m. /p.m. in the Board of Supervisors Chambers at 651 Pine Street, 1st Floor, Martinez, CA. , a public hearing will be held to fspecify "increase" or "adopt" 1 fees for fspecify type of feel 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. [ Identification of official giving notice] fb3a:a:\mam\memos\notice. FEES AND CHARGES § 12243 Ch. 2 § 12242. Disposition of revenue from fees charged The revenue from any fee charged pursuant to Section 12240 shall be deposited in the general fund of the county and used solely for the activities required by Section 12210. (Added by Stats.1982, c. 1380, p. 5267, § 4. Amended by Stats.1983, c. 1245, § 5.) Historical Note The 1983 amendment substituted "Section fees be"deposited" rather than "placed" in the 12240•• for "Section 12280"; and provided that general fund of the county. Library References States e=-126. C.J.S. States § 228. § 12243. Ordinance charging fees; adoption; public meeting; notice In addition to providing notice as otherwise required, before adopting an ordinance charging fees pursuant to Section 12240, the board of supervisors shall hold at least one public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the information required by this section is available, shall be mailed at least 14 days prior to the meeting to any interested party who files a written request with the board of supervisors. Any written request for the mailed notices shall be valid for one year from the 1 date on which it is filed unless a renewal request is filed. Renewal requests for the mailed notices shall be filed on or before April 1 of each year. The board of supervisors may establish a reasonable annual charge for sending the notices based on the estimated cost of providing that service. At least 10 days prior to the meeting, the board of supervisors shall make available to the public information indicating the amount of cost, or estimated cost, required to provide the service for which the fee is charged and the revenue sources anticipated to provide the service, including general fund revenues. If the fees create revenues in excess of actual cost, those revenues shall be used to reduce the fee creating the excess. (Added by Stats.1982, c. 1380, § 4. Amended by Stats.1983, c. 1245, § 6.) Historical Note The 1983 amendment substituted "Section 12240" for "Section 12280'• in tite first sen- lence. Library References Weights and Measures Q-7. CJS. Weights and Measures § 5. 363 ORDINANCE 93- (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 section 522- 2 .404 to conform to Business and Professions Code section 12240 by increasing the annual device registration fee assessed in the case of mobilehome parks, recreational vehicle parks and apartment complexes . 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 locations other than those listed in Subsection (a) : ( 1 ) Number of Devices 1 to 3 4 to 9 over 9 (2 ) Fee per Location $20 . $40 . $60 . (Ords . 93- § 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/f jb FB3A:a:\weights.crd