ORDINANCE NO. C.S. 838

Size: px

Start display at page:

Download "ORDINANCE NO. C.S. 838"

Ethelbert Hunter
5 years ago
Views:

1 ORDINANCE NO. C.S. 838 June 3, 2003 *A-2(d) AN ORDINANCE RELATING TO FEES CHARGED BY THE DEPARTMENT OF AGRICULTURE AND WEIGHTS AND MEASURES FOR VARIOUS SERVICES AND PROGRAMS THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA, ORDAINS AS FOLLOWS: Section 1. The Board of Supervisors hereby adds chapters 9.80, 9.81, and 9.82 to the Stanislaus County Code to read as follows. Section 2. Chapter 9.80 of Title 9 is hereby added to the Stanislaus County Code to read as follows: FARMERS' MARKETS AND CERTIFIED PRODUCERS Authority The Food and Agricultural Code, Section 47020, authorizes the County Agricultural Commissioner to charge certified farmers' markets and certified producers a certification and inspection fee, for activities required of the Agricultural Commissioner as outlined in section Definitions Certified farmers' markets are locations established in accordance with local ordinances, where California farmers may sell to the public California agricultural products that they produced. Certified Producers are growers producing fresh agricultural products in Stanislaus County who sell directly to the public. Certified Producers are required to have their products and growing grounds certified by the County Agricultural Commissioner in order to sell at a Certified Farmers Market or near the point of production Inspection by the Agricultural Commissioner Inspections of certified farmers' markets and certified producers required of the Agricultural Commissioner shall be those set forth in the Food and Agricultural Code, Division 17, Chapter 10.5, Article 3. ORD-54-N-5

2 Fee Methodology The certification and inspection fee shall not exceed the maximum rate allowed under Food and Agricultural Code section The fee charged shall include either the itemized actual costs, or the weighted average labor rate, as determined on an annual basis by the Agricultural Commissioner and the Stanislaus County Auditor's Office. The charge shall be provided to the certified farmers' market manager and the certified producer prior to the payment of the fee. Section 3. Chapter 9.81 of Title 9 is hereby added to the Stanislaus County Code to read as follows: 9.81 CERTIFICATION OF PLANT SHIPMENTS Authority Food and Agricultural Code section 5202 allows the board of supervisors of any county to establish a schedule of fees for any or all classes of certificates to be paid by shippers that request such certificates Definition As used in this section "certificate" means the phytosanitary certificate issued by a commissioner, deputy commissioner, or inspector of the pest condition or treatment of any shipment of plants Inspection by the Agricultural Commissioner Phytosanitary Certificates are required for the export of agricultural commodities to other states and international destinations. Foreign countries have established plant quarantine regulations which exporters of United States agricultural products are required to meet. Growers and processors are required to utilize Phytosanitary Certificates issued upon inspection by the Agricultural Commissioner Fee Methodology The schedule of fees for the certificate shall be based upon the approximate cost of the inspection. Section 4. Chapter 9.82 of Title 9 is hereby added to the Stanislaus County Code to read as follows:

3 9.82 APPLIED LABOR RATE Purpose The county Agricultural CommissionerlSealerofWeights and Measures may charge a fee, when allowed by law, for services performed. This may include services that are not mandated by law and requested by a member of the public or company conducting business in the county. The fee will be based on the weighted labor rate for work performed Fee Methodology The rate shall be the average of the weighted labor rate of the inspection staff (AgriculturallWeights and Measures Inspectors) including benefits and applicable indirect costs based on the model provided by the Stanislaus County Auditor's Office. Any indirect costs that may be reflected in the cost of providing any product or service or the cost of enforcing any regulation shall be limited to those items that are included in the Federal Office of Management and Budget Circular A-8? The rate shall be reviewed annually and adjusted effective July 1 ofeach year. Section 5. Fees to be collected by the Department of Agriculture and Weights and Measures are 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. Section 6. 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 Paul, seconded by Supervisor Caruso, the foregoing ordinance was passed and adopted at a regular meeting of the Board of Supervisors of the County of Stanislaus, State of California, this 3rd day of June, 2003, by the following called vote: AYES: Supervisors: Paul, Mayfield, Grover, Caruso, and Chairman Simon NOES: ABSENT: Supervisors: Supervisors: None None

4 Chairman of e Board of Supervisors of the County of Stanislaus, State of California ATTEST: CHRISTINE FERRARO TALLMAN, Clerk of the Board of Supervisors of the County of Stanislaus, State of California BYE~;""~'~- Assistant Clerk APPROVED AS TO FORM: MICHAEL H. KRAUSNICK COUNTY COUNSEL By n. Ji\JI~'1 '\M"'- ~ B~ 1\lL=.JL:.~"""""':--- '" Deputy County Counsel

5 Exhibit "A" Department of Agriculture and Weights and Measures Fee Schedule ACTIVITY FEE AUTHORITY.'.Pe$tExclusion... Plant Quarantine... Phytosanitary Certificate F&A 5202, 5204 $35/certificate. (1) FEE AMOUNT... '... PhytosanitaryCertificate (After hours) F&A 5202, 5204 $52.50/certificate Weighted Labor Rate/hour Phytosanitary Work Plan Inspection F&A 5202, 5204 (No charqe for certificate) )Fruit~Yeg~tablf!'QlICllity<;ontl'ol '... '... '..... Certified Farmers' Market Certificate F&A47020 $150/certificate Certified Producers' Certificate & Inspection F&A $20/certificate and $20/per growina location Certified Producers' Certificate Amendment $20/certificate and F&A47020 & Inspection $20/per qrowlnq location...,....,...,.'...'..,...' :i.\ ':. 4ppli~d.L~~<ir.ij.aiei' {...."':.i:..;."';."'.. :.'.,','.1,, '. / '. : "".... / If.~. :. i"......i ' "',.'.;;.. ';./ ""'., /. '.,.",.:".,.,.".:?; Calculated based on Stanislaus Weighted Labor Rate CGC County Auditor's Office model (2) (1) CGC = California Government Code F&A = California Food and Agricultural Code (2) For current fee information contact the Department of Agriculture and Weights and Measures by phone at (209) or by mail at 3800 CornucopiaWay, Suite B, Modesto, California

6 , tizen ofthe United States,and a resident,'ty aforesaid; I amover theage of and not a party to or intetested title matter. I am the printer ofthe publisher o BEE, printed and, ofmodesto, County, Stateof California, daily, newspaper hasbeen adjudged a geperal circulation bythe Superior ounty. of STANISLAUS, State of. the date of February 25, 1951, ;,tllat the notice of which the a printed copy, hasbeen published in 'there<tt'on the following dates, to wit: TiecHilii'tY I ",.'.' f th" B'oo'-'rd ofsup8rvisors ofthecounty, and ' ChaIrman a e I lis; ofstanislaus, State of Callforn a ' of' ATTEST:. LMAN Clerk at thethe: CHRISTINE FERRIArRsOoTf~~e cou:rty of Stanis Iv Boord of Superv so n; laus,state of CalifornIa ~ ' By Elizabeth A. K,III9 Elizabeth A. KIII9 ' A$Slstant Clerk ', APPROVED AS TO FORM: rni- Michael H. Krau$nlck Id CounlY counsel e, By Gina B. Legurla_, 'GIna B. Legurla Q.ePt~ CounlY Counsel ORDINANCE NO.. C.S AN ORDINANCE RE TO FEES CHARGED BY THE NT OF ' AGRICULTURE ANANO MEASURES FORVA VICES AND PRO THE BOARD OF SU TV OF STANI.ORDAINS AS FOLLOWS:. Section I. The Boord of SUPervIsors hereby adds chapters 9.80, 9.81, and 9.82 tothe Stanislaus County Code toread asfollows. Section 2.Chapter 9.80 of Title 9ishereby Odded to: thestanislaus CounlY Code toread asfollows: FARMERS' MARKETS AND CERTIFIED PRODUCERS Authoritv The Food and Agricultural Code, sect tharizes the CaunlY Agricultural Co charge certified farmers' markets an ducers a certification and Inspection ties requir8d oftheagricultural C outlined In section Definitions Certified formers' markets are lac IIshed ln accordance with lacal California formers may sell to the agrlc!litural products that tttey produc, Certified Producers are growers product agricultural products In Stanislaus COunty directly tothe public. Certified P/'l!ducer~ qulred tohove their products certified bv the Countv Agrlcu In order tosell at a Certified near the point of production.,, Inspection by the Agricultural Commission- ' er ' Inspections ofcertified formers' markets and certl. fied producers required ofthe Agricultural Commls. sloner sholl be those set forth In the Food and Agrl, cultural Code, Division 17, ChaPler 10.5, Artlcle Fee Methodolagy, The ceitlflcotlon and Inspecllon fee shall nol exceed themaximum rate alirnled under Food and Agrlcul. turol Code section The fee charged shall In clude either the ItemiZed actual costs, orthe weight edaverage labor rate, asdetermined on onannual basis by the Agricultural Commissjoner,and the Stanislaus CounlY AUditor's Offlce~ The ch all be provided tothecertified farmers' ager and the certlfled producer prior to ofthefee. ' Section 3.Chapter 9;81 oftitle 9Ishereby odded to the Stanislaus Countv C'qde toreod as follrnis:, 9.81 Certification of Plant ShiPments Authority' Food and AgriCUltural Code section 5202 allows the board of supervisors of any countv to establish a, schedule offees foranv orallclasses ofcertif tobepaid by shippers tho! request such certlfl Definition. ' As used In this section certlflcat tosanllary certificate Issued. b~ deputy commissioner. or.lnsp&l:!o, tlon ortreotmenlof any ship, ' Inspection by theagrl, er. Phvtosanltarv Certificates arerequired for the ex POrt ofagricultural commodltles to other states and Internallonol destina ~ established plant quarantine porters of United States agrlcul reoulred to meet. Growers and qulred to uulize Phvtosanltarv Certificates Issued upon'lnspectlon bv the Agricultural Commissioner Fee Methodologv The schedule of fees for the certificate Shall be based upon the approximate cost ofthe.inspecllon. Section 4.ChaPler 9.82 of Tille 9Isherebv added to the Stanislaus COunty Code toread as follows: 9.82 Applied labor Rate Purpase The county Agricultural Commissioner/Sealer of Weights and Measures may charge a.fee, When al lowed by law, for services performed. This may InclUde services that arenol mondated bv law and requested bv a member ofthepublic or company conducting business In the countv. The fee 'will be based on theweighted labor rateforwork per formed Fee Methodologv ".' The rate shall be the average oftheweighted labor rate ofthe Inspection staff fagri and Measures InsP&l:!ors) including pllcoble Indirect costs based onthe bv thestanislaus Countv AUditor's rect costs that mal' be reflected In vldlne any product orservice or!he cost of enforc Ing any regulation sholl belimited to those Items that areincluded In the Federal Office Of Manage-, ment and BUdget Circular A'.87. The rate shall be, reviewed annuallv and adjusted effective Julv 1of each vear., ' Section 5.Fees tobe collected by thedeportment of Agriculture ond Weights and Measures areadopled and amended os set forth In the Deportment of Agriculture and Weights and Measures Fee Schedule attached hereto asexhibit Aand Incorparated by reference, a COPY of which Isonfile With the Clerk ofthe Board of Supervisors a vollable for public, Inspection and copying I Ice In accordance With th,e <;iiilfomlo~ul!1i I.e!.,

"35. Hawkeye Avenue. On Hawkeye, Avenue from its intersection thereof with

35. Hawkeye Avenue. On Hawkeye, Avenue from its intersection thereof with ORDINANCE NO. C.S.- 756 AN ORDINANCE ESTABLISHING SPEED ZONES ON VARIOUS COUNTY ROADS THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS ORDAINS AS FOLLOWS: Section 1. Section 11.04.040 (35 miles-per-hour)