|
DATE: |
October 19, 2021 and November 2, 2021 |
06 |
SUBJECT
Title
SUNSET REVIEW OF COUNTY ADMINISTRATIVE CODE AND REGULATORY CODE ARTICLES ASSIGNED TO THE PUBLIC SAFETY GROUP (DISTRICTS: ALL)
Body
OVERVIEW
In accordance with Board of Supervisors Policy A-76, Sunset Review Process, the Public Safety Group periodically reviews certain Board policies and provisions of the County Administrative Code and Regulatory Code to ensure that policies and Administrative and Regulatory Code provisions reflect current Board standards and practices and amends accordingly. Today’s actions are to propose changes to the reviewed Board policies and code provisions. Recommendations 1 and 3 involve a two-step process: approval of the first reading of the ordinance on October 19, 2021, and adoption on November 2, 2021.
RECOMMENDATION(S)
CHIEF ADMINISTRATIVE OFFICER
1. Approve the introduction of the Ordinance (First Reading), read title and waive further reading of the Ordinance:
AN ORDINANCE AMENDING ARTICLES XXA, XXXVII, XX, AND XV-B OF THE SAN DIEGO ADMINISTRATIVE CODE RELATING TO JUVENILE FACILITIES, DEPARTMENT OF PUBLIC DEFENDER, AND FEES AND CHARGES.
If, on October 19, 2021, the Board takes the action Recommendation 1, then on November 2, 2021:
2. Submit the Ordinance for further Board consideration and adoption and approve the sunset review date of December 31, 2028 (Second Reading):
AN ORDINANCE AMENDING ARTICLES XXA, XXXVII, XX, AND XV-B OF THE SAN DIEGO ADMINISTRATIVE CODE RELATING TO JUVENILE FACILITIES, DEPARTMENT OF PUBLIC DEFENDER, AND FEES AND CHARGES.
3. Approve the introduction of the Ordinance (First Reading), read title and waive further reading of the Ordinance:
AN ORDINANCE AMENDING DIVISION 4 OF TITLE 3 AND DIVISION 10 OF TITLE 6 OF THE SAN DIEGO REGULATORY CODE RELATING TO PUBLIC SAFETY, MORALS AND WELFARE AND AMBULANCE, CRITICAL CARE, AND NON-EMERGENCY MEDICAL TRANSPORTATION SERVICES.
If, on October 19, 2021, the Board takes the action Recommendation 3, then on November 2, 2021:
4. Submit the Ordinance for further Board consideration and adoption and approve the sunset review date of December 31, 2028 (Second Reading):
AN ORDINANCE AMENDING DIVISION 4 OF TITLE 3 AND DIVISION 10 OF TITLE 6 OF THE SAN DIEGO REGULATORY CODE RELATING TO PUBLIC SAFETY, MORALS AND WELFARE AND AMBULANCE, CRITICAL CARE, AND NON-EMERGENCY MEDICAL TRANSPORTATION SERVICES.
EQUITY IMPACT STATEMENT
The proposed changes to the San Diego County Administrative Code County reflect efforts to promote more equitable policies for residents of the County of San Diego. The proposed amendments will align with operational changes and services made to better serve the needs of community.
FISCAL IMPACT
There is no fiscal impact associated with the proposal to amend the San Diego County Administrative Code and Regulatory Code. There will be no change in General Fund cost and no additional staff years.
BUSINESS IMPACT STATEMENT
N/A
Details
ADVISORY BOARD STATEMENT
N/A
BACKGROUND
Recommendations 1 and 2
Recommendation 1 establishes the process to amend Sections 246, 250, 251, 253, 254 and 695 of the Administrative Code and reserve section 367 of the Administrative Code by completing the first reading of the Ordinance at today’s meeting. Recommendation 2 is a request to submit the Ordinance for further Board consideration and adoption at the November 2, 2021, meeting, and approve the sunset review date of December 31, 2028, as applicable.
The sections of the County Administrative Code listed in Recommendation 1 have been reviewed by County staff and staff recommend the following amendments to these articles:
• Article XXA, Section 367, delete the section as the Probation Department no longer collects revenues from telephones within camps and juvenile halls.
• Article XXXVII, Section 695 is amended to give the Public Defender authority to represent persons facing removal proceedings and assign representation to their cases and to update terminology to better align with current practices. An additional amendment is included to address current operational functions concerning representation in civil litigation.
• Article XV-B, Sections 246, 250-1, and 253-4 moves Emergency Medical Services fees and charges to Article XX Sections 366-370 to be consistent with County organizational restructuring.
Recommendations 3 and 4
Recommendation 3 establishes the process to reserve Sections 34.101-.106 and 610.804 of the Regulatory Code by completing the first reading of the Ordinance at today’s meeting. Recommendation 4 is a request to submit the Ordinance for further Board consideration and adoption at the November 2, 2021, meeting, and approve the sunset review date of December 31, 2028, as applicable.
The sections of the County Administrative Code listed in Recommendation 3 have been reviewed by County staff and staff recommend the following amendments to these chapters:
• Chapter 1 of Division 4 of Title 3, Public Safety, Morals and Welfare, delete this section as authorities are already included in state law (Government Code Section 29551) and therefore are not necessary to include in the Administrative Code and the referenced fee is not active.
• Chapter 8 of Division 10 of Title 6, Ambulance, Critical Care, and Non-Emergency Medical Transportation Services, remove dollar amount from both the non-emergency medical transport auto liability and commercial liability limits to align with the industry standard as determined by the County's risk manager.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today’s proposed actions to update the County Regulatory Code, as part of the sunset review process, supports the Strategic Initiative of Operational Excellence in the County of San Diego's 2021-26 Strategic Plan by conducting County business as openly as possible, resulting in the efficient and ethical use of public funds.
Respectfully submitted,
HELEN N. ROBBINS-MEYER
Chief Administrative Officer
ATTACHMENTS
Attachment A - An Ordinance Amending Articles XXA, XXXVII, XX, and XV-B of the San Diego Administrative Code Relating to Juvenile Facilities, Department of Public Defender, and Fees and Charges (Clean Copy)
Attachment B - An Ordinance Amending Articles XXA, XXXVII, XX, and XV-B of the San Diego Administrative Code Relating to Juvenile Facilities, Department of Public Defender, and Fees and Charges (Informational Copy)
Attachment C - An Ordinance Amending Division 4 of Title 3 and Division 10 of Title 6 of the San Diego Regulatory Code Relating to Public Safety, Morals and Welfare (Clean Copy)
Attachment D - An Ordinance Amending Division 4 of Title 3 and Division 10 of Title 6 of the San Diego Regulatory Code Relating to Public Safety, Morals and Welfare (Informational Copy)
Attachment E - Summary of Proposed Ordinance