The URL can be used to link to this page

Home My WebLink AboutOrd 1278 - CZ 14-190 - APN 640-370-016VICR Fee Program Staff Report November 13, 2014 Page 2 of 3 Staff recommends that the current VICR fee (non -DUI related) be increased from $140 to $165 to account for the increased deputy rate and staff time. The current VICR rate has remained unchanged since being established in 2009. Registered owners of vehicles would only be required to pay the higher of the administrative fees if more than one is applicable to a specific incident. For example, an impaired driver with a suspended driver's license is involved in a traffic collision and arrested for DUI. This driver would be required to pay the proposed DUI/VICR fee (proposed $705) and not the lower VICR administrative fee (proposed $165) charged to drivers with suspended licenses. The DUI -Collision VICR would only be charged if there was a traffic accident. The creation of a DUI -Collision VICR fee would reimburse the City for the expenses incurred in these investigations. A two -tiered fee structure will avoid the unintended effect of increasing VICR fees on vehicles towed for less time intensive reasons (unlicensed or suspended drivers). The costs incurred by the City for officers arresting and processing drivers for a DUI incident at the scene of a collision is in excess of the current VICR administrative fee. The following chart details the time spent and associated costs incurred by the City of Palm Desert when a driver is arrested for driving under the influence of alcohol and/or drugs, at the scene of an accident, and the vehicle is towed or impounded. Personnel Duties Time Hourly Rate Total Expense Spent Incurred Deputy Conduct investigation (field sobriety tests, document scene, prepare vehicle storage report, search vehicle, prepare report) Clerical NCIC entry, notice of stored vehicle mailings, report processing (court, DMV, imaging, and filing) Supervisor Review and approve Report City Clerical Administrative processing 4.5 hours .25 hours .50 hours .25 hour $139.29 $626.81 $28.80 $7.20 $91.60 $45.80 $116 $29.00 $708.81 The non -DUI related VICR fees may be applied to vehicles impounded or stored for the following reasons: • A driver who is unlicensed or whose license has been suspended • A driver who is arrested • Expired registration over six (6) months • A hit and run vehicle (for investigation) • A pursuit suspect's vehicle • An abandoned vehicle Resolution No. 2014- 95 EXHIBIT A CALCULATION OF ACTUAL CITY COSTS FOR PROCESSING A DUINEHICLE IMPOUND PROGRAM AND ESTABLISHING THE AMOUNT OF THE DUINEHICLE IMPOUND COST RECOVERY FEE The City of Palm Desert currently contracts for Police Services with the Riverside County Sheriff's Department. The patrol rate for FY 13-14 established by the Sheriff's Department is $139.29 hour. This number includes deputy salary, fringe benefits, insurance and numerous support systems. The City of Palm Desert estimates that the average time spent by officers and support staff when impounding or storing nuisance vehicles is a minimum of five hours. This undertaking involves the following typical sequence of events: Task Position Conduct Investigations Deputy Field Sobriety Tests Deputy Document Scene/Evidence Deputy Prepare Vehicle Storage Reports Deputy Vehicle Search/Inspection Deputy Okay to book suspect from hospital Deputy Transport suspect to jail Deputy Admin. Paperwork Deputy Search Warrants Deputy BAC Evidence Collection, Processing Deputy Complete Police Report Deputy NCIC Entry Office Assistant Processing/Filing of report (court, DMV, Imaging) Office Assistant Notice of Stored Vehicle Mailing Office Assistant Review & Approve Police Report Sergeant or Corporal Conduct Tow Hearing Sergeant or Corporal Resolution No. 2014- 95 EXHIBIT B CALCULATION OF ACTUAL CITY COSTS FOR PROCESSING A VEHICLE IMPOUND PROGRAM AND ESTABLISHING THE AMOUNT OF THE VEHICLE IMPOUND COST RECOVERY FEE The City of Palm Desert currently contracts for Police Services with the Riverside County Sheriff's Department. The patrol rate for FY 13-14 established by the Sheriff's Department is $139.29 hour. This number includes deputy salary, fringe benefits, insurance and numerous support systems. The City of Palm Desert estimates that the average time spent by officers and support staff when impounding or storing nuisance vehicles is a minimum of 1.25 hours. This undertaking involves the following typical sequence of events: Task Position Vehicle search and Inventory Deputy or Community Services Officer (CSO) Completion of Stored Vehicle Report - CHP 180 Deputy or CSO Contact dispatch requesting tow service Deputy or CSO Contact tow company requesting service Dispatcher Wait for arrival of tow company Deputy or CSO Contact Information Services Bureau (ISB) or station clerical staff and ensure vehicle entered into NCIC as stored/impounded Deputy or CSO Enter vehicle into NCIC as stored Office Assistant Write police report Office Assistant Review and approve police report Sergeant or Corporal Mail Notice of Stored Vehicle Office Assistant Enter data from report into Report Management System & process paperwork Office Assistant Conduct Tow Hearing Sergeant or Corporal The City of Palm Desert Finance Department has determined that there will be additional costs to administer this program. All Vehicle Impound Cost Recovery (VICR) payments will be initially collected by Police Department staff then forwarded to the City for processing. The Finance Department will be responsible for record keeping, processing, depositing cash and checks, tracking payments and general accounting of all fees. CITY OF PALM DESERT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider establishing the amount of the Driving Under the Influence (DUI) and Vehicle Impound Cost Recovery Fee Pursuant to Chapter 10.25 of the Palm Desert Municipal Code and rescinding Resolution No. 09-67. Pursuant to Chapter 10.25 of the Palm Desert Municipal Code, the administrative fee for the recovery of impounded and/or stored vehicles shall be one hundred and sixty-five dollars ($165.00) if a DUI traffic collision is not involved and seven hundred and five dollars ($705.00) if a DUI traffic collision is involved. The Resolution shall take effect upon adoption. Said Public Hearing will be held at 4:00 p.m. or as soon thereafter as the matter can be heard on Thursday. November 13, 2014, in the City Council Chambers at the Palm Desert Civic Center, 73510 Fred Waring Drive, Palm Desert, California, at which time and place all interested person are invited to attend and be heard. Written correspondence concerning all items covered by this notice shall be accepted up to the date and time of the hearing. Information on the subject fees is available for review in the City Clerk's Office at the above address between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Dated this 29th day of October, 2014. Ra helle D. Klassen, City Clerk City of Palm Desert, California (760) 346-0611 Mendoza, Grace From: Mendoza, Grace Sent: Wednesday, October 29, 2014 11:17 AM To: 'legals@thedesertsun.com' Cc: Aryan, Steve; Avery, Ann; Munoz, Rae; Sanchez, Gloria; Marron, Angie; Judy, Janine; 'barbara@pdcc.org'; 'gg@thedvba.org'; 'ron@yourdca.org' Subject: LEGAL NOTICE - Public Hearing - Establishing DUI and Vehicle Impound Cost Recovery Fee Attachments: Public Hearing - Establishing Fees.docx PLEASE PUBLISH THE FOLLOWING: PUBLIC HEARING NOTICE Establishing the Amount of the Driving Under the Influence and Vehicle Impound Cost Recovery Fee TWICE IN THE DESERT SUN Friday, October 31, 2014 Friday, November 7, 2014 If you have any questions or require additional information, please call me. Thank you! Grace L. Mendoza, Deputy City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 (760) 346-0611 Ext. 487 Fax: (760) 340-0574 gmendoza@citvofpalmdesert.orq 1 �iaisa�aoesa:�.:s.can.+�+;e!:c:.�-r.� r...�y-•:: . .....- j �:..��.!`3�?��_ ;' �,��;; �:�s �,�; �, ._�.y .�...� � �'�� ,��"��.,.....�,......�,.n....�._.�,.. . . _ _,� . CITY OF PALM D �'��°x�� , g�;a::.��t�:��.�6/�._ � DEPARTMENT OF COMMUNIT '�"��`�""�-��"^�'�� STAFF REPORT REQUEST: CONSIDERATION OF A CHANGE OF ZONE FROM OFFICE PROFESSIONAL (O.P.) TO PUBLIC (P) FOR A VACANT .68-ACRE PROPERTY LOCATED AT 72-565 HIGHWAY 111, ALSO KNOWN AS APN 640-370-016 SUBMITTED BY: Tony Bagato, Principal Planner APPLICANT: City of Palm Desert CASE NO: CZ 14-190 DATE: November 13, 2014 CONTENTS: 1. Ordinance No. -1278, Exhibit A, CZ (O.P. to P) 2. Legal Notice 3. Planning Commission Meeting Minutes, August 19, 2014 4. Planning Commission Staff Report, August 19, 2014 5. Planning Commission Resolution, August 19, 2014 Recommendation Waive further reading and pass Ordinance No. �-1278 to second reading, approving Change of Zone 14-190. Commission Recommendation On August 19, 2014, the Planning Commission unanimously recommended approval of the Change of Zone from Office Professional to Public. Executive Summary Approval of staff's recommendation will grant a change of zone from Office Professional to Public for a vacant .68-acre site located in Entrada del Paseo. City staff is investigating the possibility of building a new outdoor multi-use pavilion that may be used for the Certified Farmers Market and other community events for the public on the property. The property will be used for public purpose, not office use. VICR Fee Program Staff Report November 13, 2014 Page 3 of 3 Vehicles impounded or stored when the driver or owner has been the victim of a crime or traffic collision (except when the driver is determined to have been intoxicated) will not be subject to VICR fees. VICR fees will also not be applied to vehicles impounded or stored for the following reasons: • A recovered stolen vehicle • A recovered embezzled vehicle • A driver that is injured or incapacitated During 2013, approximately 750 to 800 vehicles were stored or impounded by the Palm Desert Police Department that would have been eligible for VICR fees (includes DUI cases). Please note that a fee was not collected for ail these vehicles, as some drivers do not pick up their vehicles. Staff respectfully recommends that the City Council approve the attached resolution, revising the current Vehicle Impound Program fee and establishing a DUI Impound Program and fee. Fiscal Impact As noted, the current VICR fee is recommended to be increased from $140.00 to $165.00 and the new DUI-Collision VICR fee is recommended to be set at $705.00. Approval of this fee structure will enable the City to recoup its costs spent responding to DUI traffic collisions and impounding vehicles. � Submitted By: G Stephen . Ary , Risk ana er Reviewed By: �� aul S. Gibson, Director of Finance/City Treasurer Approved By: � � ,� C J n M. Wohlmuth, City Manager RESOLUTION NO. 2014 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING 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. 09-67. WHEREAS, the Riverside County Sheriff's Department, acting as the Palm Desert Police Department, impounds and/or stores numerous and various vehicles from highways, public property, or private property, in 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 the California Vehicle Code Sections 22650 through 22669; and Section 23152 through 23273 and WHEREAS, Vehicle Code Section 22850.5 added by Assembly Bill 481, Chapter 614 Statutes of 1993, became effective January 1, 1994, specifically authorizing cities by ordinance or resolution to establish an administrative charge relating to the removal, impound, storage, or release of vehicles; and WHEREAS, Vehicle Code Section 53150 specifies that any person who is under the influence of an alcoholic beverage or any drug, whose negligent operation of a motor vehicle caused by that influence proximately causes any incident resulting in an appropriate emergency response, to be liable for the expense of an emergency response by a public agency to the incident. 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 by resolution; WHEREAS, the City Council of the City of Palm Desert established the Vehicle Impound Cost Recovery Fee by adopting Resolution No. 09-67 on September 10, 2009; and WHEREAS, the City Council of the City of Palm Desert now desires and intends to revise the Vehicle Impound Cost Recovery Fee and also include the DUI/Traffic Collision Vehicle Impound Cost Recovery Fee WHEREAS, the calculation of actual cost to the City for processing the DUI/Traffic Collision Vehicle Impound Program and the Vehicle Impound Program are set forth in "Exhibit A" and "Exhibit B" attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1: Resolution No. 09-67 is hereby rescinded. SECTION 2: Pursuant to Chapter 10.25 of the Palm Desert Municipal Code, the administrative fee for the recovery of impounded and/or stored vehicles shall be one hundred and sixty-five dollars ($165.00) if a DUI traffic collision is not involved and seven hundred and five dollars ($705.00) if a DUI traffic collision is involved. SECTION 3: The Resolution shall take effect upon adoption. Resolution No. 2014- 95 PASSED, APPROVED, AND ADOPTED this 13th day of November, 2014, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Resolution No. 2014- 95 The City of Palm Desert Finance Department has determined that there will be additional costs to administer this program. All Vehicle Impound Cost Recovery (VICR) payments will be initially collected by Police Department staff then forwarded to the City for processing. The Finance Department will be responsible for record keeping, processing, depositing cash and checks, tracking payments and general accounting of all fees. The Finance Department estimates the cost to administer this program to be approximately $29 (.25 hour of Accounting Technician's time). Therefore the City of Palm Desert Police Department recommends that a DUINICR fee of$705 per vehicle be established. Deputy cost: $679.81 City Admin. Cost: $29.00 (.25 hour-includin� benefits) TOTAL: $708.81 (DUINICR FEE=$705.00) Resolution No. 2014- 9s The Finance Department estimates the cost to administer this program to be approximately $29 (.25 hr. of Accounting Technician's time). Therefore the City of Palm Desert Police Department recommends that a DUI/VICR fee of$165 per vehicle be established. Deputy cost: $139.29 Citv Admin. Cost: $29.00 (.25 hour-includinp benefits) TOTAL: $168.29 (REVISED VICR FEE=$165.00)