HomeMy WebLinkAboutMINUTES - 06032003 - SD3 TO: BOARD OF SUPERVISORS _ Contra
FROM: Edward P. Meyer, Agricultural
Commissioner/Director of Weights and Costa
Measures e
DATE: June 3, 2003 '�
County
SUBJECT: Public Hearing on New Fees for Inspections and Services
Conducted by the Department of Weights and Measures
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
INTRODUCE Ordinance No. 2003-14, adding Chapter 522-4 to the County Ordinance Code;
WAIVE reading; OPEN the public hearing and receive testimony on the adding of Chapter
522-4 to the County Ordinance Code; CLOSE public hearing; and FIX June 10, 2003 for
adoption.
FISCAL IMPACT:
The costs for requested inspections and re-inspections are intended to be covered by the
fees imposed.
BACKGROUND:
Section 12210 of the Business and Professions Code provides that a county's Board of
Supervisors may authorize its Director of Weights & Measures to establish, from time to time,
a schedule of fees to cover the cost of the inspection and testing of noncommercial weighing
and measuring devices upon the written request of any person, firm or corporation.
Section 12210.5 of the Business and Professions Code enables a county, if authorized by
its Board of Supervisors, to charge a fee for the inspection and testing of any commercially
used weighing and measuring device when the inspection or testing is requested by the
owner or user of such device, and could legally be performed by a registered repairman.
Section 12210.5 provides such fees shall be based upon a uniform schedule of fees
established by the Director of Agriculture of the State of California for use by the counties.
(See, current Schedule of Fees, attached.)
This ordinance would authorize the County's Director of Weights and Measures to charge
and collect fees for the inspection and testing of both commercial and non-commercial
weighing and measuring devices, including fees for re-inspection of commercial devices
that fail ars initial inspection, in accordance with the schedule of fees established by the
Director of Agriculture of the State of California as it may be amended from time to time.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
--------- ------------------------------—--------------------_----------—--------------------------------------------_-------------------------------------------------
COMMENDATION OF CoUNTYADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
—'`APPROVE OTHER
SIGNATURE(S)) f s
----------------------- ' 34 ;-;
-----_ -_ --- --: `---------------------------------------------------------------------------------------
ACTION OF BOLA'A3NZ1, 20(13 APPROVE AS RECOMMENDED OTHER
.oma,
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPYOF AN ACTION TAKEN
X UNANIMOUS(ABSENT NQU } AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
A`rES: NOES: SHOWN.
* ABSENT: ABSTAIN:
ATTESTED,112 JOH-3 2Il(3i
CONTACT: Vine Guise,646-5250 N SWEETEN,CLERK OF THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
CC: County Administrator
BY l � DEPUTY
CONSEQUENCES OF NEGATIVE ACTION:
If the Board does not authorize the new fees, the Department of Weights and Measures
would be unable to charge these fees for requested inspections and re-inspections and
would have to absorb those costs.
ORDINANCE NO. 2003-14
Weights and Measures Testing Fees
The Contra Costa County Board of Supervisors ordains as follows (omitting the
parenthetical footnotes from the official text of the enacted or amended provisions of the
County Ordinance Code):
Section I. This ordinance adds Chapter 522-4 to the County Ordinance Code to
authorize the Contra Costa County Agricultural Commissioner/Director of Weights and
Measures to charge a fee for requested inspections and re-inspections of commercial and
noncommercial weighing and measuring devices. The fee schedule is in accordance with
those fees established by the State Director of Food and Agriculture.
Vection II. Chapter 522-4 of Division 522 of the County Ordinance Code effectuates
and is authorized by Business and professions Code Sections 12210 and 12210.5.
Section Iii. Chapter 522-4 of the County Ordinance Code is added to read:
Chapter 522-4
522-4.202 Fees for Testing Weighing and Measuring Devices Upon Request.
(a) For purposes of this Section, the term "commercial purposes"shall have
the meaning prescribed in Section 12500 of the California Business and Professions
Code.
(b) Pursuant to the California Business and Professions Code, Division 5,
Chapter 2, Article 2, Sections 12210(b)and 12210.5, the county sealer(director)of
weights and measures will calibrate, test, weigh, and measure, and certify to the accuracy
of, weights and measures and weighing and measuring devices and instruments, tools and
accessories connected therewith,whether or not used for commercial purposes,upon the
written request of any person. Fees will be charged by the county sealer(director) for
these services in accordance with the uniform schedule of fees established by the
Director of Food and Agriculture of the State of California, as it is amended from time to
time,pursuant to Section 12210.5 of the California Business and Professions Code.
(c) If any commercial weighing or measuring instrument or device is tested,
as prescribed by section 12210(a)of the California Business and Professions Code, and
found to be outside the tolerances or specifications set by the California Department of
Fond and Agriculture, the owner may request another test and the county sealer(director)
will re-inspect, retest, and re-certify such instrument or device in order to determine if it
is within those tolerances and specifications. The fee for any re-inspection, retesting or
re-certification of commercial weighing or measuring devices that fail an initial test will
also be in accordance with the uniform schedule of fees established by the.Director of
Food and Agriculture of the State of California, as it is amended from time to time,
pursuant to Section 12210.5 of the California Business and Professions Code.
Ordinance 2003-14
Page 1
(Ord.2003-14; §3; Bus. &Prof: Code §§12210, 12210.5).
Section IV. Effective Date. This ordinance becomes effective 30 days after passage,
and within fifteen days after passage 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 and ADOPTED on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN SWEETEN
Clerk of the Board of Supervisors
and County Administrator
By:
Deputy Chair,Board of Supervisors
[SEAL]
BL:\bl
H:\AgricultureVinspecfion fee\fee ordinance finafmpd
Ordinance 2003-14
Page 2
SCHEDULE OF FEES
All charges to be on a portal-to-portal basis plus mileage charges as indicated;
a) Small capacity Scales $70.00* per hour+ $1.00/mile
(up to 10,000 GVW)
b) Large capacity scales $85.00* per hour + $1.54/mile
(10,000 to 40,000 GVW**)
All scales exceeding $125.00* per hour + $2.00/mile
3,000 lbs. capacity (more than 40,000 GVW)
c) Retail Gasoline Dispensers $ 53.00* per hour + $0.50/mile
d) Wholesale Petroleum Meters $ 85.00* per hour+ $0.75/mile
e) Liquefied Petroleum Meters $ 65.00* per hour + $0.75/mile
f) All Other Commercial Devices $ 65.00* per hour + $0.75/mile
* One Hour Minimum
** Gross Vehicle Weight
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
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 above-entitled
matter.
I am the Principal Legal Clerk of the Contra Costa Times,
a newspaper of general circulation, printed and published
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
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, 1834. 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:
May 16, 21
all in the year of 2003
l Certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek, Califor a.
On this 21 of�lay,,F 20
Signature.. ... ....„...............��-.._
....... .......�'ri`�.,....,--�—
Contra C sta Times
P O Box 147
Walnut Creek, CA 94596
(925) 935-2525
Proof of Publication of:
(attached is a copy of the legal advertisement that
published)
NOTICE Of A
PUBC HEARING
SEF E THE
CONTRA
Rf6 OSUPERVISORS
NOTICE is herebyy ?Ivan
that on June 3,2443 at 9.34
am in the Board of Super-
visors Chambers at 651
pine Street.1st Moor,Mar>
tinea CA a public hearing
will ire heW to increase
fees for insppeections and
services conducted by the
Department of Agricul-
ture,Weights&Measures
Division.
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: May 9,2403
John Sweeten,Clerk of the
Board of Supervisors and
County Administrator
By Danielle Kelly,
Deputy Clerk
Lerd GCT 7594
publish May 16,21,2403