Urgent Routine AGENDA DATE March 20,2007

Transcription

1 , BBBBBBBBBBBBBBB~~ ~~~~ ~~ DEPT: THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS RD AGENDA # *B-lO(b) Urgent Routine AGENDA DATE March 20,2007 CEO Concurs with Recommendation YES& 415 Vote Required YES NO (Inf ation Attached) SUBJECT. Approval to Set a Public Hearing for April 24, 2007 at 9:25 a.m. to Introduce and Waive the First Reading of an Ordinance Adding and Increasing Existing Fees for the Department of Agriculture and Weights and Measures STAFF RECOMMENDATIONS: Set a Public Hearing for April 24, 2007 at 9:25 a.m. to introduce and waive the first reading of an ordinance adding and increasing existing fees for the Department of Agriculture and Weights and Measures. FISCAL IMPACT: The proposed fee schedule will allow the Agricultural Commissioner's Office to recover some costs associated with programs. Revenue generated by the amended fees does not represent full cost recovery. The following details the estimated Fiscal Year revenue increases by program, which may result from the adoption of the proposed fee schedule. (Continued on Page 2) BOARD ACTION AS FOLLOWS: On motion of Supervisor Mayfield dddddddddd and approved by the following vote, Ayes: Supervisors:~~Mayf~!d.Grg~~e1~Mo!!iei~~~5,~~a~n_i._a.n_dCha~man_~o'~Bie!!... Noes: Supervisors: NsPnne... Excused or Absent: Supervisors:..No_n_e _e_e_e_e_e_e_e_e_e_e_e_e_e_e_e_e_e_e_e_e_e-----~~~~ ~~ Abstaining: Supervisor: --- N_Qr?B 1) X Approved as recommended 2) Denied 31 Approved as amended 4) MOTION: Other: Seconded by Supervisor GI_o~er ---_----rrrrrrrrrr ATTEST: CHRISTINE FERRARO TALLMAN, Clerk

2 Approval to Set a Public Hearing for April 24,2007 at 9:25 a.m. to Introduce and Waive the First Reading of an Ordinance Adding and Increasing Existing Fees for the Department of Agriculture and Weights and Measures Page 2 FISCAL IMPACT: (Continued) Estimated 07- Total Program 08 Revenue Program Program Costs Increase Revenue Account Ag- Phytosanitary Plant Program $460,902 $148,693 $452,710 Quarantine DISCUSSION: On April 4,2006, the Stanislaus County Board of Supervisors approved a $25 fee per Phytosanitary Certificate issued by the Department of Agriculture and Weights and Measures and required for the export of agn'cultural commodities to other states and international destinations. After reviewing the cost effectiveness of this fee, the Department proposes a $40 fee per Phytosanitary Certificate issued that would include and recover supervision, clerical and inspector support costs.. The Department also proposes to document on the accompanying fee schedule those fees which have been previously authorized by the Board of Supervisors according to State law, however, are not included in the current Stanislaus County Code. These include those in the following program areas: Apple Maggot Trapping, Standardization Inspections, Service Agency Testing, and Device Registration. Fees in the Device Registration Program include an annual increase approved by the Board on November 22, Consequently, as a clean-up measure, this proposed increase to the Phytosanitary Certificate fee and amendments to the fee schedule are being brought before the Board of Supervisors for consideration of approval. The Department proposes the following changes to the Department's fee schedule in order to recover costs and offset the expenses associated with the provision of services. The Aaicultural - Commissioner's Office also proposes that the fee schedule be updated to include a number of fees that are currently being charged for services provided (Exhibit A). Please see fee tables on Page 3.

3 Approval to Set a Public Hearing for April 24,2007 at 9:25 a.m. to Introduce and Waive the First Reading of an Ordinance Adding and Increasing Existing Fees for the Department of Agriculture and Weights and Measures Page 3 Phytosanitary Certificate Vehicle Meters Vehicle Meters LPG (stationary) FEE TYPE LPG (vehicle) Utility Meters at Marinas, Mobile home Parks, RV Parks, Apartment complexes Non-fixed location tested at office CIJNUXI FEE $100 (one meter) $120 (two meters) $220 $220 $2 1 meter + $80 $16 per scale PROPOSED FEE Same Same Same Same Same Same

4 Approval to Set a Public Hearing for April 24,2007 at 9:25 a.m. to Introduce and Waive the First Reading of an Ordinance Adding and Increasing Existing Fees for the Department of Agriculture and Weights and Measures Page 4 Authority to Charge Fees Sections 5202 through 5207 of the Food and Agricultural Code allow the Board of Supervisors to establish fee schedules for Phytosanitary certificates based on approximate costs. ~ectibn 12540(c) of the Business and Professions Code and Section 4083 of California Code of Regulations, Title 4 establish the fee for Service Agent testing. Sections 5202, 5204, and 6303 of the Food and Agricultural Code allow the Board of Supervisors to establish fee schedules for Apple Maggot trapping. Section of the Food and Agricultural Code allows the Board of Supervisors to establish fee schedules for Standardization Inspections based on approximate costs. Section of the Business and Professions Code allows the Board of Supervisors to charge Device Registration fees and establishes the accompanying fee schedule. Comparison Counties In researching proposed fee changes, fees charged by Stanislaus County were compared to valley counties conducting similar activities. Phytosanitary Certification Fee Comparison County Current - Fee Schedule FY Stanislaus $25/Certificate, $55.00/Hr Inspection, I I $80h Overtime 1 $55.00/Hr Inspection, I Fresno Kern Kings $251 Certificate-cover support cost, Plus $63.40/Hr certification portal to portal $40/Certificate, Plus Time and Mileage for extended inspections $51.33/Hr &,405 cents mileage * Actual Cost = Inspector Hourly Rate Plus Mileage, Benefits and Overhead. Mileage = cents /mile depending on size of vehicle I Plus $56.70 over 1.0 Hrs. portal ;o portal Proposed - Fee Schedule FY $40/Certificate, overtime No proposed change Not determined No proposed change Madera / $30/Certificate under 1.0 Hrs. inspection time. I Not determined

5 Approval to Set a Public Hearing for April 24,2007 at 9:25 a.m. to Introduce and Waive the First Reading of an Ordinance Adding and Increasing Existing Fees for the Department of Agriculture and Weights and Measures Page 5 County Merced San Joaquin Tulare Phytosanitary Certification Fee Comparison (Continued) Proposed - Fee I Current - Fee Schedule FY $35/First Certificate, for additional Cert. $25 for hand written & $15 if industry writes certificate Time & one way mileage, $68.73/Hr, Over time $82.83/Hr. $29,Ccnificate, - $64/Work plan Certificate however the amount has not been Phytosanitarv Certificates Phytosanitaq Cefiificates are the documents required for the export of agricultural commodities to other states and international destinations. Foreign countries and other states have established plant quarantine regulations which exporters of California agricultural products are required to meet. Agricultural Inspectors in the Agricultural Commissioner's Office are licensed as Authorized Certification Officials (ACO) by the United States Department of Agriculture (USDA) and the State of California Department of Food and Agriculture (CDFA) to certify agricultural commodities for export. Stanislaus County growers and processors are required to utilize Phytosanitary Certificates issued by the Agricultural Commissioner's Office to export their products. Certification includes such inspections as may be necessary to determine the facts that are required by the state or country of intended destination. These inspections include export service samples, export trapping, field inspections and supervision of commodity treatments. Currently, there are approximately 93 processors, shippers andfor exporters in Stanislaus County that utilize Phytosanitary Certificates. Revenue to support the Phytosanitary Certification Program is generated directly by charging user fees. The USDA states that collecting user fees is a crucial task for the Authorized Certification Official, in order to maintain financial soundness of the USDA Phytosanitary Export Certification Program. In Fiscal Year , the Department added a $25.00 certificate fee to help cover support and supervision costs. The estimated program cost for Fiscal Year is $410,785 with revenue projected at $304,017, which represents a $106,768 shortfall. To better recover costs, the Department proposes to increase the certificate fee from $25.00 to $40.00 per certificate. The $40.00 certificate fee includes supervision, clerical and inspector support costs. Most of the time spent in the office by inspectors assisting customers and completing paper work is currently not billed to the customer. Under the proposed change to the program, this time would be included in the support costs and recovered by the proposed $40.00 certificate fee. The increased fee for certificates will add $132,193 in revenue. The number of certificates issued is expected to increase by 10 percent in Fiscal Year An increase of $16,500 is expected fkom additional inspection hours billed to customers. The Department anticipates the total Phytosanitary Certification Program revenue to be $452,710 in Fiscal Year , which is $148,693 over the projected Fiscal Year revenue. The total cost of the program in Fiscal Year is expected to be $460,902.

6 Approval to Set a Public Hearing for April 24,2007 at 9:25 a.m. to Introduce and Waive the First Reading of an Ordinance Adding and Increasing Existing Fees for the Department of Agriculture and Weights and Measures Page 6 Apple Maggot Trapping In 1993, the Board determined that Apple Maggot was a serious pest and threat and adopted County Code Section 9.39 to protect the County's apple industry. The apple industry in Stanislaus County has paid for the trapping and monitoring required under County Code 9.39 based on the hourly Weighted Labor Rate converted to a cost per trap basis. The Department does not anticipate any increase in revenue from this service for Fiscal Year Standardization Inspections As part of the fruit and vegetable standardization requirements established in California, the ~ep~artment monitors the maturity and quality of fits and vegetables. One example of this involves Granny Smith Apples. This Department will release the Granny Smith Apple crop for harvest based upon an average of the entire County's crop meeting established requirements. Occasionally, an individual grower may request additional testing of specific apples the grower believes meet the established requirements so that these specific apples may be harvested before the county wide release date. The Department charges a fee consisting of the current Weighted Labor Rate for conducting such additional tests when permitted by law. The Department does not anticipate any increase in revenue from this service for Fiscal Year Service Agent Testing Service Agents are certified to repair and test commercially used weighmg and measuring devices and place them into commercial service pending inspection by an authorized weights and measures official. Business and Professions Code Section requires Service Agents to pass a written examination. This section also allows local county sealers to administer the examination and requires the Secretary of Agriculture to establish a fee for examination administration payable to the county. The fee is currently set at $35.00 per examination. The option to take this examination at the Department is a great convenience to the local industry versus traveling outside the County to take the exam. Since the fee is set by the Secretary, and is required to be paid by the applicant to the county, it does not require an ordinance. The Department does not anticipate any increase in revenue from this service for Fiscal Year Device Registration The Department is required to test commercially used weighing and measuring devices each year. Device ownerlusers are required to register devices with the Department and pay a registration fee to cover the cost of the inspection. On November 25,2005, this Board of Supervisors approved the new Device Registration fee schedule as listed in Business and Professions Code Section and referenced in County Code The proposed fee schedule amendment reflects the January 2007 increases that represent the second phase of a three-step increase approved by the Board. January 2008 will be the last increase under the current law. The anticipated Fiscal Year Device Registration revenue increase is expected to be $69,000. On March 6,2007, the Board approved the Fiscal Year Mid Year Financial Report that included the use of this additional revenue for vehicle replacement costs for the Agricultural Commissioner's Office.

7 Approval to Set a Public Hearing for April 24,2007 at 9:25 a.m. to Introduce and Waive the First Reading of an Ordinance Adding and Increasing Existing Fees for the Deparhnent of Agriculture and Weights and Measures Page 7 POLICY ISSUE: The Board of Supervisors should determine if approval of the proposed fee amendments and amending the fee schedule for the Agricultural Commissioner's Office supports the Board Priorities to Promote the Efficient Delivery of Public Services and a Strong Agricultural Economy/Heritage. STAFFING IMPACT: If the proposed Phytosanitary Certificate fee increase is approved, and the budget allows, the Department will request additional Ag~Weights & Measures Inspector position(s) in the Proposed Fiscal Year Budget. These position(s) will be funded by the proposed Phytosanitary Certificate fee increase.

8 ORDINANCE NO. C.S. AN ORDINANCE ADDING AND INCREASING EXISTING FEES COLLECTED BY THE DEPARTMENT OF AGRICULTURE AND WEIGHTS AND MEASURES THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA. ORDAINS AS FOLLOWS: Section 1. Fees to be collected by the Department of Agriculture and Weights and Measures are added, adopted and amended as set forth in the Department of Agriculture and Weights and Measures Fee Schedule attached hereto as Exhibit A and incorporated by reference, a copy of which is on file with the Clerk of the Board of Supervisors and is available for public inspection and copying in that office in accordance with the California Public Records Act. This Fee Schedule may be amended as necessary by the Clerk of the Board to include any and all other fees adopted by the Board of Supervisors. Section 2. This ordinance shall take effect thirty (30) days from and after the date of its passage and before the expiration of fifteen (15) days after its passage it shall be published once, with the names of the members voting for and against the same, in the Modesto Bee, a newspaper published in the County of Stanislaus, State of California. Upon motion of Supervisor, seconded by Supervisor, the foregoing resolution was passed and adopted at a regular meeting of the Board of Supervisors of the County of Stanislaus, State of California, the day of, 2007, by the following called vote: AYES: NOES: ABSENT: Supervisors: Supervisors: Supervisors: Chairman of the Board of Supervisors of the County of Stanislaus, State of California

9 ATTEST: CHRISTINE FERRARO TALLMAN CLERK OF THE BOARD OF SUPERVISORS OF THE COUNN OF STANISLAUS, STATE OF CALIFORNIA BY Elizabeth A. King Assistant Clerk APPROVED AS TO FORM: MICHAEL H. KRAUSNICK COUNN COUNSEL BY Deir'dre McGrath Deputy County Counsel

10 Exhibit "A" Department of Agriculture and Weights and Measures Fee Schedule IACTIVIP/ /FEE AUTHORITY (I) / FEE AMOUNT I I I Pest Exclusion - Plant Quarantine Phytosanitary CertificationlRelated Inspections Phytosanitary CertificationlRelated Inspections (After hours) I I lfor each Inspector per F&A ; SC 9.81, 9.82 F&A ; SC 9.81, 9.82 $55.00 $80.00 hour of inspection in. 112 Hr.) and travel time (Min. 114 Hr.). for each inspector per hour of inspection (Min. 112 Hr.) and travel time (Min. 114 Hr.). FBA ; SC 9.81, per certificate Exhibit " A Department of Agriculture and Weights and Measures Fee Schedule July 1,? W i ~ Page l of 2

11 Applied Labor Rate 4 $55.00/Hour - $80 OOIHour - outside of reaular work schedule of Note: A business location for which a location fee is charged is defined as: a) A location with at least one commercial device b) Each vehicle containing one or more commercial devices c) Each trip to a business location necessitated by devices requiring specialized equipment (Example: 1 vehicle scale and 1 LPG meter at the same location = 2 business locations) LPG - Liquefied Petroleum Gas K = 1000 lbs (2K to 10K = 2,000 lbs to 10,000 lbs) (1) B&P = California Business and Professions Code CCP. - C-.. CCR3 = California Code of Requlations, Title 3 CCR4 = California Code of Requlations, Title 4 CGC = California Government Code F&A = California Food and Agricultural Code LC = California Labor Code SC = Stanislaus County Code (2) Calculated based on Stanislaus County Auditor's Office model. For current fee information contact the Department of Agriculture and Weights and Measures by phone at (209) or by mail at 3800 Cornucopia Way, Suite B, Modesto. California Exhibit " A Department of Agriculture and Weights and Measures Fee Schedule July 1,? 0 & ~ Page 2 of 2

12 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that on April 24, 2007, at 9:25 a.m., or as soon thereafter as the matter may be heard, the Stanislaus County Board of Supervisors will meet in the Basement Chambers, Lower Level, th St., Modesto. CA, to consider: A. Approval to lntroduce and Waive the First Reading of an Ordinance Establishing Fees Relating to the Areas of Agricultural Registration and Notification and Vertebrate Pest Control for the Department of Agriculture and Weights and Measures B. Approval to lntroduce and Waive the First Reading of an Ordinance Establishing New Fees and Increasing Existing Fees of the Department of Agricultural and Weights and Measures C. Approval to Introduce and Waive the First Reading of an Ordinance Amending Section 9.82 of the Stanislaus County Code Based on Commercial and Noncommercial Device Testing Fees for the Department of Agriculture and Weights and Measures ADDITIONAL NOTICE IS GIVEN that the proposed Ordinances and Fee Schedules will be available for review on April 13, 2007, in the Clerk of the Board Office, th Street, Suite 6700, Modesto, CA. For further information, contact Dennis Gudgel, Stanislaus County Agricultural Commissioner/Sealer at (209) or at 3800 Cornucopia Way, Suite B, Modesto, CA. NOTICE IS FURTHER GIVEN that at the said time and place, interested persons will be given the opportunity to be heard. Material submitted to the Board for consideration (i.e. photos, petitions, etc.) will be retained by the County. If a challenge to one or more of the above items is made in court, persons may be limited to raising only those issues they or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors. BY ORDER OF THE BOARD OF SUPERVISORS DATED: March 20,2007 ATTEST: CHRISTINE FERRARO TALLMAN, Clerk of the Board of Supervisors of the County of Stanislaus, State of California. BY:

13 DECLARATION OF' PllBLICATlON (C.C.P. S2015.5) COlJNTk' OF STANISLAUS STATE OF CAI,IFORNLA 1 am a citizen of the United States and a resident Of the Co~~nty aforesaid; I am over the age of Eighteen years. and not a party to or interested In the above entitle matter. 1 arn a printer and Principal clerk of the publisher of TlIE MODEST0 BEE, printed in the City of MODESTO, County of STANISLAIJS, State of California, daily. for which said newspaper has been adjudged a newspaper of get~eral circulation by the Superior Court of the County of S'TANISL;tl!S, State of California, Under the date of Februa~y 25,1951, Action No ; that the notice of which the annexed is a printed copy, has been published in each issue there of on the follo~ving d;rtcs; lo wit: I certify (or declare) under penalty of perjury That the foregoing is true and correct and that This declaration was executed at MODESTO. California on