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DATE: |
May 24, 2022 and June 14, 2022 |
21 |
SUBJECT
Title
SHERIFF - REQUEST TO ADOPT AN ORDINANCE AND RESOLUTION AMENDING FEES ADMINISTERED BY THE SHERIFF'S DEPARTMENT (DISTRICTS: ALL)
Body
OVERVIEW
Today’s actions request that the Board of Supervisors (Board) review and approve amendments to Sections 21.0102 and 21.1901 of the San Diego County Code of Regulatory Ordinances related to the Sheriff's Department fees charged for provided services, as well as consider a resolution related to the collection of fines for chemical testing.
Specifically, the Sheriff's Department reviewed its regulatory and licensing fees, resulting in 35 proposed fee adjustments and ten determinations to maintain existing fees. Of the proposed 35 fee adjustments, the Sheriff's Department is requesting a B-29 waiver for one relating to the Concealed Weapons License. The Sheriff's Department has determined that the increase in the Concealed Weapons License initial fee should be adjusted to a fair and reasonable amount, which is comparable to large county agencies throughout the state, rather than full cost recovery.
The Board is also requested to adopt a resolution relating to fines collected for chemical testing, specifically, alcohol and impairing substances associated with incidents that involve driving under the influence/driving under the influence of drugs (DUI/DUID) to cover the cost of drug and/or alcohol testing performed by the Regional Crime Laboratory.
The recommended ordinance amendments and resolution represent a comprehensive fee package of proposed changes that are the result of an analysis of services provided to the public, processing times, and corresponding costs to provide those services. The Auditor and Controller has reviewed and approved the supporting documentation and the methodology for establishing the fees in this proposal for Fiscal Year 2022-23.
Today's requested actions are for the Board to, on May 24, 2022, consider an Ordinance amending Sections 21.102 and 21.1901 of the San Diego County Code of Regulatory Ordinances relating to the San Diego County Sheriff's Department (first reading) so that the amendments can be acted on June 14, 2022 (second reading) and waive B-29 for full cost recovery relating to the Concealed Weapons License fee. Lastly, the Board is requested to adopt a resolution to impose an additional penalty of $50 pursuant to Penal Code Section 1463.14(b) to help offset the costs of chemical testing for drug and alcohol substances.
RECOMMENDATIONS
SHERIFF
1. Waive Board Policy B-29, Fees, Grants and Revenue Contracts, Department Responsibility for Full Cost Recovery related to Concealed Weapons License fee.
2. Approve the introduction of the Ordinance (first reading), read title, and waive further
reading of the Ordinance:
AN ORDINANCE TO AMEND SECTIONS 21.102 AND 21.1901 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO SHERIFF'S DEPARTMENT FEES
3. Adopt a Resolution entitled:
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO FINES COLLECTED FOR CHEMICAL TESTING FOR DRUG AND ALCOHOL SUBSTANCES
If, on May 24, 2022, the Board takes action as recommended above, then on June 14, 2022:
1. Consider and adopt the Ordinance to amend Sections 21.102 and 21.1901 of the San Diego County Code of Regulatory Ordinances relating to Sheriff's Department fees (second reading).
EQUITY IMPACT STATEMENT
The Sheriff's Department strives for equitable and positive outcomes in our communities, which means that services should not entail fees that create inequalities or inequities for our communities. The proposed fee increases are part of the transparency and accountability that is necessary in government and are meant for service cost recovery. The calculations for the fee increases are not meant to be cost prohibitive for individuals, especially members of our communities who suffer from economic inequality.
FISCAL IMPACT
Various Regulatory/Licensing Fees
If approved, this request will produce a nominal increase in revenue depending on the number of licenses issued each year. Revenues related to these fees of $800,000 are included in Fiscal Year 2022-23 CAO Recommended Operational Plan for the Sheriff’s Department and will not require the addition of any staff years.
Chemical Testing Involving Driving Under the Influence/Driving Under the Influence of Drugs (DUI/DUID)
If approved, this request will produce an increase in revenue depending on the number of convictions in which the California Superior Court opts to levy a fee associated with Driving Under the Influence (DUI) or Driving Under the Influence of Drugs (DUID) to cover the cost of drug and/or alcohol testing performed by the Regional Crime Laboratory. Funding, as required by the California Penal Code, must be provided to the Regional Crime Laboratory for cost recovery of chemical testing services rendered. Revenue for this program cannot exceed the cost of the program. Funds for this request are included in the Fiscal Year 2022-23 CAO Recommended Operational Plan for the Sheriff's Department and will not require the addition of any staff years.
BUSINESS IMPACT STATEMENT
N/A
Details
ADVISORY BOARD STATEMENT
N/A
BACKGROUND
The Sheriff's Department is committed to providing the highest quality public safety service to everyone in San Diego County. The Sheriff's Department routinely reflects on its operations to ensure it maintains a balanced approach to its service delivery. One aspect of this is through assessing services and respective costs of doing business that require the evaluation of fees to align with current costs. Pursuant to Board Policy B-29 (Fees, Grants, and Revenue Contracts- Department Responsibility for Cost Recovery) County of San Diego departments are required to ensure costs are fully recovered for services provided to agencies and individuals. The Sheriff's Department has conducted a review of its fees and rates affirming that the methodologies used are consistent with Board Policy B-29 and in conformance with existing cost policies and procedures. Today's fee and rate adjustment requests pertain to the following program areas.
Amendments to Sections 21.102 and 21.1901 of the San Diego County Code of Regulatory Ordinances
The San Diego Sheriff's Department Licensing & Registration Division is responsible for the regulation and enforcement of more than 40 regulatory ordinances and other state mandated licensing requirements within the unincorporated areas of San Diego County. The Sheriff's Department is authorized by Section 21.1901 of the San Diego County Code of Regulatory Ordinances to collect fees for the issuance of law enforcement regulated licenses and permits, in addition to collecting fees for copies of various documents and services.
Every year, to ensure full cost recovery pursuant to Board Policy B-29, the Sheriff's Department reviews its regulatory and licensing fees; June 27, 2017 (3) was the last time the Department came to the Board with a request to increase fees. This year, the Sheriff's Department reviewed its regulatory and licensing fees and identified 35 fee adjustments and ten existing fees (Attachments A, B, and D) that did not need to change. One of the proposed fee increases, relating to Concealed Weapons License, is seeking a B-29 waiver. The proposed fee is not full cost-recovery since it does not incorporate costs associated with background and investigation processing as well as supervisory staff time to review each application. The proposed increase is from $63 to $176 per application in order to partially recover processing costs. This new proposed amount is comparable to county agencies throughout the state, for example: Riverside charges $100; San Bernadino charges $153; Los Angeles charges $150; Orange charges $169; and Fresno charges $124.
The ten existing fees remaining the same include: Bingo License fees, which is governed by Penal Code 326.5; Concealed Weapons License Amendment fees, which is governed by Penal Code 26190; Massage Establishment License fees, which is governed by Business and Professions Code 4600; Charitable Solicitor Registration, Blaster's ID and permit have no associated fees; and the other unchanged service fees relate to copies of reports, records search/criminal history, evidence photos, and crime lab reports. Pursuant to previous Board action on November 17, 2020 (19) and April 6, 2021 (18), fees related to entertainment establishments, amusement parks, swap meets, casinos, and outdoor assemblies were waived through Fiscal Year 2021-22 in order to address disproportionalities affecting the events industry during the COVID-19 pandemic and to help facilitate economic recovery. Those fees will be reinstated at the rates approved in today's requested Board action when the ordinance is enacted on July 14, 2022.
On October 6, 2021 (1) the Board took action to approve County ordinances to facilitate ongoing operations of five existing medical marijuana collective facilities and allow them to perform such actions as transfer their licenses. As referenced in that Board item, when issuing a transfer of an existing medical marijuana business license, the Sheriff's Department will charge operating certificate applicants the cost for facilitating a license transfer. The Sheriff's Department has performed a fee study to establish the cost of several types of operating certificate transfers such as processing a renewal application; adding a new owner or changing the corporation's name on an existing operating certificate; and adding new activities, such as cultivation or manufacturing, to an operating certificate. Attachment D highlights full cost recovery for the five existing cannabis facilities and will remove the Medical Marijuana Operation Certificate annual fee in the Regulatory Code (Sections 21.102 and 21.1901) and replace it with respective fees under the Cannabis Facility Operation Certificate. Once the County of San Diego implements the new Socially Equitable Cannabis Program, a new fee study will be conducted for new cannabis licenses.
The overall cost recovery analysis for regulatory fees and cannabis facility operating certificates results in the following recommendations (see Attachments B and D for additional fee details):
|
Fee - Increases (35) |
Fee - No Change (10) |
|
• Adult Entertainment Employee License • Adult Entertainment Establishment License • Amusement Devices/ Establishments • Amusement Rides • Bath House • Carnival or Circus License • Casino Party License • Cannabis Facility Operating Certificates • Cannabis Facility Operation Certificate Modification • Cannabis Facility Operation Certificate (Fee for Transfer of Staff/Corporation Name) • Concealed Weapons License • Entertainment Establishment License • Entertainment Establishment Manager Registration • Explosives Permit • Fingerprint Services • Firearms Dealer Permit • Fireworks Permit • Teenage Public Dances |
• Fortune Telling License • Junk Yards or Motor Vehicle Wrecking Yards License • Merchandise Coupon Distributor Outdoor Assembly License • Outdoor Assembly Manager Registration • Pawnbroker or Secondhand Dealer License • Permanent Amusement Rides and Go-Cart Centers Permit • Police Clearance Letter • Public Dance License • Public Dance Manager Registration • Security Alarm Systems Permit • Solicitor’s License • Solicitor’s Identification Card • Swap Meet License • Taxicabs and Taxicab Operators (Driver ID card) • Taxicabs and Taxicab Operators (Amendments/Changes Driver ID card) • Taxicabs and Taxicab Operators (Inspection) • Taxicabs and Taxicab Operators (Operators License) |
• Bingo • Blaster’s ID Card • Blaster’s Permit • Charitable Solicitor Registration • Concealed Weapons License Amendment • Copies of Crime Lab Reports • Copies of Evidence Photos • Copies of Reports • Massage Establishments • Records Searches |
Resolution Relating to Fines Collected by the San Diego Sheriff's Department Regional Crime Laboratory to Conduct Chemical Testing Involving Driving Under the Influence/Driving Under the Influence of Drugs (DUI/DUID)
The San Diego Sheriff's Department Regional Crime Laboratory (Crime Lab) is responsible for chemical testing, specifically alcohol and impairing substances associated with incidents that involve driving under the influence/driving under the influence of drugs (DUI/DUID). Penal Code Section 1463.14(a) permits the collection of $50 from each fine associated with Driving Under the Influence (DUI) or reckless driving convictions to pay for the cost of drug and/or alcohol testing performed by the Crime Lab. To help recoup costs associated with testing, Penal Code Section 1463.14(b) permits the Board of Supervisors to authorize an additional penalty upon defendants convicted of driving under the influence of alcohol and/or drugs, California Vehicle Code 23152 or 23153, of an amount equal to the cost of testing for these substances. This additional penalty is only in instances where the defendant has the ability to pay, and in no case shall any defendant be ordered to pay a penalty in excess of $50.
Today's request seeks the Board's approval, via resolution (Attachment E), to impose the additional penalty of $50 pursuant to Penal Code Section 1463.14(b) to help offset the costs of testing. The cost per test (excluding indirect and personnel costs) increased from $113 in Fiscal Year 2019-20 to $121 in Fiscal Year 2020-21.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today’s proposed actions support the Sustainability Initiative in the County of San Diego’s (County) 2022-2027 Strategic Plan by aligning the County's available resources with services to maintain fiscal stability and ensure long-term solvency. Several of the proposed fees have been set to ensure cost recovery on services provided to maintain fiscal stability. The proposed actions also align with the Equity Initiative of the County's Strategic Plan by balancing accessibility to services through reasonable fee amounts. Periodically reviewing Sheriff's Department services and related fees ensures that the County has optimized its public safety service delivery systems to ensure efficiency, integration and innovation while maintaining fiscal stability.
Respectfully submitted,
ANTHONY c. RAY
Sheriff
ATTACHMENTS
Attachment A: Ordinance to Amend Fees (Clean)
Attachment B: Ordinance to Amend Fees (Informational)
Attachment C: Summary of Proposed Ordinance
Attachment D: Summary Comparison of Current and Proposed Fees
Attachment E: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO FINES FOR CHEMICAL TESTING FOR DRUG AND ALCHOL SUBSTANCES