HomeMy WebLinkAboutRes 2025-022RESOLUTION NO. 2025-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING THE AMOUNT OF THE DUI DRIVER
AND VEHICLE IMPOUND COST RECOVERY FEE PURSUANT TO
CHAPTER 10.25 OF THE PALM DESERT MUNICIPAL CODE AND
RESCINDING RESOLUTION NO. 2014-95
WHEREAS, the Riverside County Sheriff's Department, acting as the Palm Desert
Police Department, impounds and/or stores vehicles from highways, public property, or
private property within the City of Palm Desert during the normal course of duty; and
WHEREAS, the Riverside County Sheriff's Department, acting as the Palm Desert
Police Department, impounds and/or stores vehicles pursuant to its authority under
California Vehicle Code Sections 22650 through 22669 and 23152 through 23273; and
WHEREAS, Vehicle Code Section 22850.5, added by Assembly Bill 481 (Chapter
614, Statutes of 1993), specifically authorizes cities, by ordinance or resolution, to
establish an administrative charge related to the removal, impound, storage, or release
of vehicles (the “Vehicle Impound Cost Recovery Fee” and the “DUI Driver Vehicle
Impound Cost Recovery Fee”, and collectively the “Fees”); and
WHEREAS, Chapter 10.25 of the Palm Desert Municipal Code imposes an
administrative charge relating to the removal, impound, storage, or release of vehicles,
the amount of which fee is to be set; and
WHEREAS, the City Council of the City of Palm Desert established the Vehicle
Impound Cost Recovery Fee and DUI Driver Vehicle Impound Cost Recovery Fee by
adopting Resolution No. 2014-95 on December 11, 2014; and
WHEREAS, the calculation of the estimated reasonable costs to the City for
implementing the Fees are set forth in Exhibit “A” and Exhibit “B” att ached hereto and are
incorporated herein by this reference; and
WHEREAS, the City has complied with the procedural requirements pursuant to
California Government Code, section 66018 which requires the City to hold a noticed
public hearing as part of a regularly scheduled meeting, at which oral and written
presentations regarding the Fees may be made; and
WHEREAS, notice for the public hearing notified all interested persons the public
hearing will take place at 4:00pm on April 10, 2025 at the Civic Center Council Chambers
located at 73510 Fred Waring Drive, Palm Desert, CA 92260 and said notice was
provided pursuant to Government Code, section 6062a which requires at least ten (10)
days’ notice prior to the date of the public hearing published twice with a t least five (5)
days intervening between each publication; and
WHEREAS, the City Council of the City of Palm Desert now desires and intends
to update the Fees to ensure full cost recovery, and align with current inflation and
operational expenses.
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Resolution No. 2025-022 Page 2
NOW, THEREFORE, BE IT RESOLVED by the City of Palm Desert, California City
Council as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein
by this reference.
SECTION 2. The City Council finds the following:
1. Notice of the public hearing was published twice with at least five (5) days
intervening between each publication on March 28, 2025, with a second
notice published on April 4, 2025, the first date being at least ten (10) days
prior to the date of the public hearing.
2. The duly noticed public hearing was held and all oral and written
presentations regarding the Fees were heard and considered.
3. The Fees do not exceed the estimated reasonable costs incurred by the
City in enforcing the vehicle impound program and DUI-related impounds.
4. Resolution No. 2014-95 is hereby rescinded.
SECTION 3. The City Council adopts the Fees, as identified in the attached Exhibit
“A” and Exhibit “B” and the City Council now directs City staff to implement the Fees to
be effective April 10, 2025. All previous Fees in effect are to be superseded and replaced
as described herein.
SECTION 4. The City Council further authorizes the Fees to be automatically
increased beginning July 1, 2026, and each July 1 thereafter, by the lesser of (i) the actual
percentage increase imposed upon the City by the Riverside County Sheriff’s Department
pursuant to the contract rate for services or (ii) five percent (5%), to be imposed and
added to the then current Fees, without future action of the City Council or need for future
public hearings, until such time as new Fees are adopted, or this authorization is revoked
by the City Council.
SECTION 5. Individuals who are acquitted of all charges may request a refund of
the assessed Fees by contacting the Palm Desert Sheriff’s Station within thirty (30) days
of the acquittal date. Requests received after this period may be considered by submitting
a request to the City Manager of the City, whose decision will be final.
SECTION 6. This Resolution relates only to the adoption of the Fees and does
not affect any other City fee, charge, or rates previously adopted by the City Council.
SECTION 7. The City Council further finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant
effect on the environment. Where it can be seen with certainty, as in this case, that there
is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.
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Resolution No. 2025-022 Page 3
SECTION 8. If any provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be
severable.
SECTION 9. This resolution shall take effect immediately upon its adoption.
ADOPTED ON APRIL 10, 2025.
JAN C. HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2025-022 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on April 10, 2025, by the
following vote:
AYES: NESTANDE, PRADETTO, QUINTANILLA, TRUBEE, AND HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
CITY CLERK
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4/13/2025
EXHIBIT A
CALCULATION OF ACTUAL CITY COSTS FOR PROCESSING A DUI/VEHICLE IMPOUND
PROGRAM AND UPDATING THE AMOUNT OF THE DUI/VEHICLE IMPOUND COST
RECOVERY FEE
The City of Palm Desert contracts with the Riverside County Sheriff’s Department for police
services. For Fiscal Year 2024-25, the Sheriff’s Department has established a patrol rate of
$229.55 per hour. This rate does not solely reflect the compensation of deputies but also
encompasses support staff costs and associated operational expenses.
The City estimates that impounding or storing nuisance vehicles requires a minimum of five hours
of combined officer and support staff time. This process typically includes the following key steps:
Task Position
Conduct Investigations
Field Sobriety Tests
Document Scene/Evidence
Prepare Vehicle Storage Reports
Vehicle Search/Inspection
Okay to book suspect from hospital Transport suspect to jail
Admin. Paperwork
Search Warrants
BAC Evidence Collection, Processing Complete Police
Report
NCIC Entry
Processing/Filing of report (court, OMV, Imaging)
Notice of Stored Vehicle Mailing Review & Approve Police
Report
Conduct Tow Hearing
Deputy
Deputy
Deputy
Deputy
Deputy
Deputy
Deputy
Deputy
Deputy
Deputy
Deputy
Office Assistant
Sergeant or Corporal
As part of the Vehicle Impound Cost Recovery (VICR) Program, all VICR payments will be initially
collected by the Police Department and subsequently forwarded to the City for processing.
The Finance Department will manage all financial aspects of the program, including record-
keeping, payment processing, cash and check deposits, transaction tracking, and overall
accounting of related fees. The estimated administrative cost for program management is $45,
based on one hour of an Accounting Technician’s time.
To ensure full cost recovery for the impound process, the DUI/VICR fee of $1,190 per vehicle,
has been calculated as follows:
Deputy Cost: $229.55 × 5 Hours = $1,147.75
City Administrative Cost: $45.00 × 1 Hour = $45.00
Total Cost: $1,192.75 (Rounded DUI/VICR Fee: $1,190.00)
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Resolution No. 2025-022 Page 5
EXHIBIT B
CALCULATION OF ACTUAL CITY COSTS FOR PROCESSING A VEHICLE IMPOUND
PROGRAM AND UPDATING THE AMOUNT OF THE VEHICLE IMPOUND COST RECOVERY
FEE
The City of Palm Desert contracts with the Riverside County Sheriff's Department for police
services. For Fiscal Year 2024-25, the Sheriff’s Department established a patrol rate of $229.55
per hour. This rate includes deputy salaries, fringe benefits, insurance, and various support
systems necessary for operations.
The City estimates that the process of impounding or storing nuisance vehicles requires a
minimum of 1.25 hours of combined officer and support staff time. This process typically involves
the following sequence of events:
Task Position
Vehicle search and Inventory.
Completion of Stored Vehicle Report - CHP 180.
Contact dispatch requesting tow service.
Contact tow company requesting service.
Wait for arrival of tow company.
Contact information Services Bureau (ISB) or station clerical staff and
ensure vehicle entered into NCIC as stored/impounded.
Enter vehicle into NCIC as stored.
Write police report.
Review and approve police report.
Mail Notice of Stored Vehicle.
Enter data from the report into the Report Management System &
process paperwork.
Conduct Tow Hearing.
Deputy or Community
Services Officer (CSO)
Deputy or CSO
Deputy or CSO
Dispatcher
Deputy or CSO
Deputy or CSO
Office Assistant
Office Assistant
Sergeant or Corporal
Office Assistant
Office Assistant
Sergeant or Corporal
All Vehicle Impound Cost Recovery (VICR) payments will be initially collected by Police
Department staff and subsequently forwarded to the City for processing. The Finance Department
will be responsible for maintaining records, processing payments, depositing cash and checks,
tracking transactions, and overseeing the general accounting of all associated fees.
The Finance Department estimates that administering this program requires approximately one
hour of an Accounting Technician’s time, equating to a cost of $45.
To ensure full cost recovery, the VICR fee has been calculated as follows:
Deputy Cost: $229.55
City Administrative Cost: $45.00
Total Cost: $274.55 (Rounded VICR Fee: $275.00)
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