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Agenda Item
ASR
Control 21-000639 |
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MEETING DATE: |
08/24/21 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
Sheriff-Coroner
(Approved) |
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Department contact
person(s): |
Brian Wayt (714) 647-1803 |
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Noma Crook (714) 834-6681 |
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Subject: Ordinance to Increase Fee
for Coroner Body Removal
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Ordinance to Form |
Public Hearing |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
See Financial Impact Section |
Annual Cost:
See Financial Impact Section |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: See Financial Impact Section
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Prior Board Action: 7/16/2013
#14, 12/18/2007 #54, 1/8/2008 #9 |
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RECOMMENDED ACTION(S):
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1. |
Read title of the Ordinance. |
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2. |
Order further reading of the Ordinance be waived. |
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3. |
Hold a public hearing. |
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4. |
Consider the matter. |
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5. |
In accordance with Public Resources Code Section 21080(b)(8), find that the proposed increase in the fee for removal and keeping of dead bodies is only for the purpose of meeting operating expenses and is, therefore, exempt from compliance with the California Environmental Quality Act. |
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6. |
Direct that the Ordinance be placed on the agenda of the next regularly scheduled Board of Supervisors meeting for adoption. |
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7. |
At the next regularly scheduled meeting, consider the matter and adopt the Ordinance. |
SUMMARY:
Approval of the new fees will allow the the Sheriff-Coroner Department to recover the costs of removing and keeping dead bodies, from $318 to $358, pursuant to Government Code Sections 27472 and 54985.
BACKGROUND INFORMATION:
Government Code Section 27472 authorizes the Board of Supervisors (Board) to establish a fee of up to $100 to be collected by the Coroner for removing a dead body from the place of death and keeping the body until it is released to the person responsible for its interment. Government Code Section 54985 authorizes and prescribes the procedure for the Board to increase the amount of a fee as necessary to recover the cost of providing the product or service for which the fee is levied. Therefore, the Board may adopt a fee for removing and keeping dead bodies in an amount greater than that prescribed in Government Code Section 27472, if the greater amount is necessary to recover the costs of providing the service.
On November 5, 1991, the Board adopted Ordinance 3844, which first established a fee for removal of a dead body from the place of death, plus several fees for embalming. The original fee amount was $119. On February 25, 2003, the Board adopted Ordinance 03-010, which repealed the provision for setting embalming fees, as the County no longer provided this service, and increased the fee for removing and keeping a dead body to $236. On August 8, 2006, the Board adopted an increase in the fee for removing and keeping a dead body to $300 Ordinance 06-007. On December 18, 2007, a public hearing was set on the first reading of "An Ordinance of the County of Orange, California Amending Article 1 of Title VIII, Section 16 Fee for Removing and Keeping Dead Bodies". On January 8, 2008, continued from the December 18, 2007, meeting, the Board adopted an increased fee to $318 Ordinance 08-001. On July 16, 2013, a similar Ordinance to Increase the fee went to the Board and was not adopted.
A FY 2021-22 cost study was recently conducted by the Sheriff-Coroner Department (Sheriff) staff, and it has been determined that in order for Sheriff to fully recover additional costs related to the services provided, it is necessary to increase the fee to $358 for removal and keeping of a dead body. This amount reflects full cost recovery and includes salaries, benefits, services, supplies and overhead. The fee also includes the cost to the County for contracted body transportation services. The Auditor-Controller and County Executive Office have reviewed and approved the cost study.
Sheriff now requests that the Board conduct a public hearing and adopt the ordinance increasing the fee for removal and keeping of dead bodies, as referenced in the Recommended Action. The new fee will become effective 30 days after adoption of the ordinance.
FINANCIAL IMPACT:
Adoption of the proposed ordinance increasing the fees will provide full cost recovery of the costs for removing and keeping dead bodies. This revenue will be included in the FY 2021-22 Budget through the Mid-Year Budget Process Adjustment for Budget Control 060, Sheriff-Coroner and will be included in budgeting processes for future fiscal years.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Cost Study Fee Checklist
Attachment B - Public Hearing Notice
Attachment C - Ordinance for Coroner Body Removal
Attachment D - Public Resources Code Section 21080(b)(8)