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File #: 21-644    Version: 1
Type: Resolution Status: Agenda Ready
File created: 6/30/2021 In control: Board of Supervisors
On agenda: 7/20/2021 Final action:
Title: SET MATTER 9:30 AM - 10 Minutes Agricultural Commissioner/Sealer of Weights and Measures requests the following actions related to Weights & Measures fees: 1. Hold a public meeting and adopt a resolution amending the Weights & Measures annual device administrative fees maintained in Part III, Section 20 of the Napa County Policy Manual; and 2. First Reading and Intention to Adopt an Ordinance amending Napa County Code Section 5.52.040 regarding annual registration fees for businesses using commercial weighing or measuring devices and/or point-of-sales systems.
Attachments: 1. Chapter 5.52 Weights and Measures - Tracked, 2. Chapter 5.52 Weights and Measures - Clean, 3. Resolution, 4. Part 20 Ag Comm/Sealer - Tracked, 5. Part 20 Ag Comm/Sealer - Clean
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO: Board of Supervisors
FROM: Tracy Cleveland, Agricultural Commissioner
REPORT BY: Jaspreet Faller, Staff Services Analyst II - 253-4973
SUBJECT: Weights & Measures Fees Ordinance and Resolution


RECOMMENDATION
title
SET MATTER 9:30 AM - 10 Minutes

Agricultural Commissioner/Sealer of Weights and Measures requests the following actions related to Weights & Measures fees:
1. Hold a public meeting and adopt a resolution amending the Weights & Measures annual device administrative fees maintained in Part III, Section 20 of the Napa County Policy Manual; and
2. First Reading and Intention to Adopt an Ordinance amending Napa County Code Section 5.52.040 regarding annual registration fees for businesses using commercial weighing or measuring devices and/or point-of-sales systems.

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EXECUTIVE SUMMARY
On April 28, 2021, the Office of Administrative Law (OAL) approved the proposed amendments to the Device Administration - Inspection and Fees regulation in CCR Title 4, Section 4075. The Department of Weights & Measures is responsible for collecting the administrative fee on behalf of the California Department of Food and Agriculture.

Section 12240 of the California Business Professions Code, relating to weights and measures, provides that the county board of supervisors, by ordinance, may charge an annual device registration fee, not to exceed the county's total cost of actually inspecting or testing the devices as required by law. For this reason, the fee increase must be adopted by ordinance rather than resolution.

PROCEDURAL REQUIREMENTS
1. Staff Reports.
2. Public Comments.
3. Motion, second, discussion and vote on intention to adopt the ordinance.
4. Motion, second, discussion and vote to adopt the resolution.



FISCAL & STRATEGIC PLAN IMPACT
Is there a Fiscal Impact?
Yes
Is it currently budgeted?
No
Where is it budgeted?
The revenue will be included in the Agricultural Commissioner's budget.
Is it Mandatory or Discretionary?
Mandatory
Discretionary Ju...

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