TO: Board of Supervisors
FROM: Sheryl Bratton, County Counsel
REPORT BY: Chris Apallas, Deputy County Counsel
SUBJECT: Adoption of an Ordinance amending Chapter 5.52, Weighing and Measuring Device Registration
RECOMMENDATION
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Adopt an Ordinance amending Chapter 5.52 of the Napa County Code regarding weighing or measuring device registration. (Fiscal Impact: $20,000 Revenue; General Fund; Not Budgeted; Mandatory)
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BACKGROUND
Section 13350 of the California Business Professions Code, relating to weights and measures, provides that the County Board of Supervisors, by ordinance, may charge a point-of-sale system inspection fee or an annual registration fee, not to exceed the county's total cost of inspecting or testing the accuracy of prices accessed or generated by the system pursuant to this section. For this reason, the fee increase must be adopted by ordinance rather than resolution.
The proposed ordinance was noticed properly and introduced at the Board of Supervisors’ May 6, 2025 regular meeting. The Board, by unanimous vote, indicated its intent to adopt the ordinance.
Staff is requesting the Board adopt the proposed ordinance to amend Chapter 5.52 as set forth in the item attachment.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
No |
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Where is it budgeted? |
Agricultural Commissioner - will amend six-month budget to include the increased fees in FY25-26 as we bill device registration annually. |
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Is it Mandatory or Discretionary? |
Mandatory |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
Revenue is expected to increase by approximately $20,000 annually once the fees are implemented. |
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Consequences if not approved: |
If this item is not approved, fees will not be increased. The current fees will continue to be charged. |
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ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines). CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of fees that the agency finds are for the purpose of recovering or partially recovering operating expenses [14 CCR15273 and 15378(b)(2)]. It can also be seen with certainty that there is no possibility the proposed ordinance may have a slight effect on the environment and therefore CEQA is not applicable [14 CCR 15061(b)(3)].