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HomeMy WebLinkAbout75A - AMEND PD MISC. FEE SCHEDU REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 18, 2004 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ~ PUBLIC HEARING- AMENDING THE MISCELLANEOUS FEE SCHEDULE TO UPDATE THE POLICE DEPARTMENT MISCELLANEOUS SERVICES FEES //) / u~/;j}a CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution amending the Schedule of Uniform Fees to update fees for Police Department Miscellaneous Services. DISCUSSION The Miscellaneous Fee Schedule is comprised of various fees associated with city services as well as various citation violations. The FY 04-05 Miscellaneous Fee Schedule, presented at the 2004-2005-budget workshop and public hearing included proposed changes and cost of living increases to the fees for police related services. The two new police fees are Firearms Examination Service Fee and Storage of Weapon Fee. The modified fees are Release of Impounded Vehicles (Unlicensed/Suspended-Revoked Drivers) and Release of Impounded Vehicles (Vehicle Registration Expired Over 6 Months) . As a result of a technical error, it is necessary to update the various fees, citation and violation rates associated with Police Department operations. The subj ect action will revise these fees to be consistent with the information presented at the public hearing introducing the 2004- 2005 budget. FISCAL IMPACT The adopted FY 04-05 budget assumptions include the $57,000 that will be ~~h:se changes. Executiv Director Finance & Management Services Agency 75A-1 . NEW MISCELLANEOUS FEES POLICE DEPARTMENT 1) Firearms Examination Service Fee - Outside Agencies Proposed Fee(s): Based upon a $90.00 per hour fee structure. Basic Function Exam Per Firearm Full Function Exam Per Firearm Examination and Comparison Examination and Comparison Per Major Crime (6 hour minimum, $90 per hour thereafter) Entry into Ballistic Database (IBIS) $30.00 $180.00 $270.00 $540.00 No charge Department: Forensic Services The Forensic Section's Firearms Unit is dedicated to evaluating firearms and firearms- related evidence seized during criminal incidents within the City of Santa Ana. Over the past several months the Firearms Unit has seen an increase in requests for evidence analysis from outside local, state, and federal agencies. These agencies rely upon various county (sheriffs department), state (Department of Justice), and federal (FBI) labs to complete these examinations. Unfortunately, the time from evidence submission to examination completion for theses labs ranges from months to years. Consequently, the Santa Ana PD Firearms Unit has offered its services and has assisted many of these agencies on a mutual aid basis, (including FBI, Oxnard PD, Hawthorne PD, Simi Valley PD, Orange PD, Tustin PD, and Ventura PD), completing thorough evidence exams in a more timely fashion. Due to the increase in requests and to recover personnel and other operational costs for this aid, the Firearms Unit proposes these fees be applied to outside agency requests. 2) Storage of Weapon Fee Proposed Fee(s): $100 Per Stored Weapon (when released pursuant to a Relinquishment Order for surrender of the firearm(s) per Family Code 96218) 75A-2 Department: Property & Evidence The Police Department accepts and stores surrendered firearms that are relinquished via a restraining order pursuant to Family Code 96218. This fee will recover a portion of the costs incurred by the Police Department for time spent and various other costs associated with the storage of each firearm. - PROPOSALS TO MODIFY EXISTING FEES Proposed modifications to existing fees are fee rate adjustments to the Miscellaneous Fees Schedule. POLICE DEPARTMENT 1) Release of Impounded Vehicles (Unlicensed/Suspended-Revoked Drivers) Existing Fee: $125 Proposed Fee(s): $175 Department: Traffic Division California Vehicle Code Section 22850.5 authorizes the city to adopt a regulation, ordinance, or resolution establishing procedures for the release of properly impounded vehicles and for the imposition of a charge equal to its administrative costs relating to the removal, impound, storage, or release of the vehicles. The current fee of $125 has remained the same since 1998. The $50 fee increase partially recovers the administrative costs associated with impounded vehicle releases. 2) Release of Impounded Vehicles (Vehicle Registration Expired Over 6 Months) Existing Fee: $71 Proposed Fee(s): $125 Department: Traffic Division California Vehicle Code Section 22850.5 authorizes the city to adopt a regulation, ordinance, or resolution establishing procedures for the release of properly impounded vehicles and for the imposition of a charge equal to its administrative costs relating to the removal, impound, storage, or release of the vehicles. The proposed increase partially recovers the administrative costs associated with impounded vehicle releases. 75A-3 RESOLUTION NO. 2004-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE MISCELLANEOUS FEE SCHEDULE TO UPDATE THE POLICE DEPARTMENT MISCELLANEOUS SERVICES FEES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public the City Council gathers in a single document a comprehensive listing of fees and seNice charges imposed by the City upon that limited number of persons seeking seNices of value from the City. This document is known as the "Miscellaneous Fee Schedule." B. As part of its continuous improvement process, it is appropriate to update the Miscellaneous Fee Schedule for Fiscal Year 2004-2005 from time to time. C. In addition, as the City is updating the Miscellaneous Fee Schedule at this time it is also appropriate to update the document to incorporate the Police Department fees for this fiscal year to include within it the fees that were reviewed by the Council at its study session on the budget and Miscellaneous Fee Schedule and not included as a result of a technical error. D. For these Police Department fees, the Council finds that the cost of providing the seNices therein set forth has risen by 3% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or seNice charges. Such 3% increase does not exceed the City's estimated reasonable cost to provide the pertinent seNice, process the specified application or administer the certain program for which the charge, fee or seNice charge is imposed. E. Similarly, in a few limited circumstances, new charges have been added or existing charges raised beyond this 3% cost of providing seNices. In each of these cases, the Council further finds, determines and declares that such new or increased charges, fees or seNice charges do not exceed the City's estimated reasonable cost to provide the pertinent seNice, process the specified application or administer the certain program for which the charge, fee or seNice charge is imposed. 75A-4 F. In order to have a single comprehensive document for Fiscal Year 2004- 2005, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2004-2005 is hereby updated to include Police Department fees attached hereto as Exhibit A and incorporated herein by this reference. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2004-033 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2004-033 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: That except as may be stated otherwise above, this Resolution shall be operative from and after July 1, 2004. The Council ratifies and approves all collections of Police Department fees made since July 1, 2004 under the attached schedule. ADOPTED this _ day of ,2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney 75A-5 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2004-082 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 75A-6 RESOLUTION 2004-082 REVENUE ACCOUNT SECTION V 5928 5520 5520 5520 5621-331 5621-331 5518 998-5999-109 5516 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE POLICE DEPARTMENT Alarm User Permit Commercial & Residential False Alarms (Code 459) Burglary Calls - Commercial & Residential I st Incident 2nd Incident 3rd Incident 4th Incident 5th Incident 6th Incident - fee & warning of non-response 7th Incident 8th Incident - fee & placed on non-response status False Alarms (Code 211) Robbery Calls - Residential I st Incident 2nd Incident 3 rd Incident 4th Incident 5th Incident 6th Incident - fee & warning of non-response 7th Incident 8th Incident - fee & placed on non-response status False Alarms (Code 211) Robbery Calls - Commercial I st Incident 2nd Incident 3rd Incident 4th Incident 5 th Incident 6th Incident - fee & warning of non-response 7th Incident 8th Incident - fee & placed on non-response status Firearms Examination Service Fee - Outside Agencies Basic Function Exam - per firearm Full Function Exam - per firearm Examination & Comparison Examination & Comparison - Major Crime (up to 6 hours) Hourly charge in excess of 6 hours - each additional hour Entry into Ballistic Database (IBIS) UNIT Proposed FY 04-05 FEES Per Year 29.00 Per Incident No charge 50.00 75.00 125.00 150.00 200.00 300.00 400.00 Per Incident No charge 50.00 75.00 125.00 150.00 200.00 300.00 400.00 Per Incident 75.00 100.00 150.00 200.00 250.00 300.00 350.00 400.00 30.00 180.00 270.00 540.00 90.00 0.00 Storage of Weapon Fee - per weapon (due when released pursuant to a "Relinquishment Order - Family Code 6218) Fingerprint Fee City Processing fee only Applicants Exempted by law shall not pay. Fingerprint Fee State Processing fee For all fingerprinting requiring State processing, the applicable state fee will be added to the $20.00 City fee above. Citation Sign Off Equipment violators 75A-7 100.00 Per Card 20.00 Actual Cost Per Incident 10.00 . RESOLUTION 2004-082 Proposed REVENUE FY 04-05 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION V POLICE DEPARTMENT 5516-331 Copy of Lost Citation Per Citation 2.00 5623 Driving Under Influence Cost Recovery Actual Cost Persons arrested for driving under the influence Per Incident Up to $1,000 Pursuant to Government Code Sec. 53150 et seq. 5623 Police Pursuits Cost Recovery Actual Cost Persons apprehended in police pursuits Per Incident Up to $1,000 Pursuant to Government Code Sec. 53150 et seq. 5623 Hit & Run Accident Investigation Actual Cost Persons responsible for hit and run accidents Per Incident Up to $1,000 Pursuant to Government Code Sec. 53150 et seq. 5621-331 Disturbing the Peace Police Service Fee Each Actual Cost Pursuant to S.A. Municipal Code Sec. 10-300 et seq. Up to $500 5925 Ice Cream Truck Vendor Permits Includes one Driver/Operator Each 195.00 Additional Truck Each 32.00 5323 License to Sell PistolslRevolvers Per License 123.00 5950 Administration Citation Fee First Violation 100.00 Allows Animal Service Officers the right to cite for State and Second Violation 300.00 Local Animal Law Violations Third Violation 500.00 5621-344 Police Accident Photos B&W and Color Print, (4X5/3.5X5) & Poloroids Each 5.00 B&W and Color Print, 5X7 Each 7.00 B&W and Color Print, 8XIO Each 12.00 Contact Print, 8XI0 Each 12.00 5712 Police Evidence Tape (audio or video tape) Each 33.00 5598 Police Accident Reports Each 20.00 5598-100 Search Fee (no case #) Each 5.00 5598 Police Immigration/Clearance Letters Each 20.00 5598 Police Incident Reports Citizens Request for Information Form Each* 20.00 *Reports in excess of 20 pgs. Per Page 1.00 5598-100 Search fee (no case #) 5.00 5598 Request to Review Criminal History Per Request 20.00 5598 Request to Review Incident Information Per Request 20.00 5620 Police Security Services Lieutenant Per Hour 105.00 Sergeant Per Hour 85.00 Police Officers Per Hour 69.00 PCO/PSO/Reserve Per Hour 45.00 5517 Impound of Owner Release Animals Per Impound 51.00 75A-8 - RESOLUTION 2004-082 REVENUE ACCOUNT SECTION V 5925 5514 5621-331 5621-331 5516 5926 5450 5021 5021 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE POLICE DEPARTMENT Pushcart Permits Vendor/Operator Permit-I cart * Additional Carts/Operators Rekase uf Impounded Vehicles-SAPD/Traffic Vehicle Registration Expired Over 6 Months UnlicensedlSuspended- Revoked Drivers $75 to 011-01-5514 (increased from $25) $100 to 165-01-5352-100 Solicitation Permit Vehicle for Hire (Taxi) Fees Driver's Permits (Original, Renewal, Replacement or Duplicate) Vehicle for Hire Permit Vehicle for Permit Transfer Reinspection Fee-Plan CheckslNot Completed *$39.00 minimum or hourly employee rate. Fee to be charged when inspection is called for work not complete or corrections called for are not made. Second Hand Dealer Fee Security Guard Company Fee Equipment Violation Pursuant to SAMC Sec. 40225 Proof of Correction Street Closure Permit Land Use Certificate Processing Fee for temporary outdoor event Accelerated Processing Fee Escort Bureau, Introduction Service Establishment, and Escort Fees Program administered by Police Department Escort Bureau Permit Introduction Service Permit Escort Permit Figure Model Studios/Figure Model Fees: Program administered by Police Department Figure Model Studio Permit Figure Model Permit Figure Model Studio Sale or Transfer Figure Model Studio Change of Location or Name NOTE: Figure Model Studio Permit Applicants who are also Figure Model Permit applicants shall only be required to pay the Figure Model Studio Permit Fee. 75A-9 UNIT Proposed FY 04-05 FEES Each* Each 195.00 32.00 Each Each 125.00 175.00 Per Permit 32.00 Each 32.00 Each 130.00 Each 6.00 Minimum * 40.00 Each 63.00 Each 63.00 Each 79.00 Each 10.00 Per Permit 119.00 Per Permit 29.00 Per Permit 59.00 Each Each Each 600.00 600.00 130.00 Each Each Each Each 600.00 130.00 600.00 32.00 RESOLUTION 2004-082 REVENUE ACCOUNT SECTION V 5021 5021 5021 5021 5621-331 5215 5215 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE POLICE DEPARTMENT Massage Establishment/Massage Technician Fees: Program administered by Police Department Massage Establishment Permits Massage Technician Permits Massage Technician Transfer/Duplicate Massage Establishment Sale Transfer Massage Establishment Change of Location or Name NOTE: Massage Establishment Permit Applicants who are also Massage Technician Permit Applicants shall only be required to pay the Massage Establishment Permit Fee. Peep Show Permit Fee Program administered by Police Department Pool/Billiard Permit Fee Program administered by Police Department Public Dance Establishments Program administered by Police Department Dance Permits Permanent One-Day Police Training Video Tape Habitual Parking Offender Program Parking Violation: Late fee UNIT Each Each Each Each Each Each Each Each Each Per Tape Per Incident Violations with a 'base' (original) fine of $1 00 or less:(Rounded up to the next whole dollar) Violations with a 'base' (original) fine of $1 00 or more:(Rounded up to the next whole dollar) Proposed FY 04-05 FEES 600.00 130.00 32.00 600.00 32.00 262.00 262.00 262.00 66.00 41.00 107.00 50% of base fine. Total delinquent fine is 150% of base fine. 20% of base fine. Total delinquent fine is 120% of base fine. Additional late charges will be imposed at the time an unpaid Parking Violation penalty is place as a vehicle registration "hold" with DMV. The "total" Late Charge assessed will increase to: Parking a vehicle within 300 ft. of fire apparatus answering a fire alarm Pursuant to SAMC Sec. 36-41(7) 75A-10 Violations with a 'base' (original) fine of $1 00 or less:(Rounded up to the next whole dollar) Violations with a 'base' (original) fine of $1 00 or more:(Rounded up to the next whole dollar) Each 90% of base fine. Total delinquent fine is 190% of base fine. 40% of base fine. Total delinquent fine is 140% of base fine. 41.00 RESOLUTION 2004-082 Proposed REVENUE FY 04-05 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION V POLICE DEPARTMENT 5215 Permit required Special Parking District Pursuant to SAMC Sec. 36-493 (a) Each 35.00 5215 Parking in a red zone Pursuant to SAMC Sec. 36-131 (1) Each 41.00 5215 Parking in a yellow zone Pursuant to SAMC Sec. 36-131(2) Each 27.00 5215 Parking in a white zone Pursuant to SAMC Sec. 36-131(3) Each 27.00 5215 Parking in a green zone Pursuant to SAMC Sec. 36-131(4) Each 27.00 5215 Parking in a blue (handicapped) zone Pursuant to SAMC Sec. 36-131(5) Each 87.00 5215 Parking in a "NO Parking" zone Pursuant to SAMC Sec. 36-132 Each 52.00 5215 No parking-street sweeping Pursuant to SAMC Sec. 36-133 Each 47.00 5215 Parking in violation of "emergency no parking sign" Pursuant to SAMC Sec. 36-134 Each 52.00 5215 Parking in alley Pursuant to SAMC Sec. 36-135(a) Each 35.00 5215 Stopping, standing or parking a vehicle w/in parkway Pursuant to SAMC Sec. 36-135(b) Each 35.00 5215 Parking at certain places and for certain purposes Pursuant to SAMC Sec. 36-136 Each 35.00 5215 For sale; inoperable vehicles; repairing vehicles Pursuant to SAMC Sec. 36-136(a) Each 47.00 5215 Parking over 72 hours Pursuant to SAMC Sec. 36-136(b) Each 47.00 5215 Parking on left side of one-way roadway Pursuant to SAMC Sec. 36-136(d) Each 27.00 5215 Parking outside oflapping marked parking Pursuant to SAMC Sec. 36-138(a) Each 35.00 5215 Angle parking prohibited in certain areas Pursuant to SAMe Sec. 36-139 Each 35.00 5215 Parking in restricted areas. Time limit parking Pursuant to SAMC Sec. 36-142 Each 35.00 5215 Overnight parking prohibited in certain areas Pursuant to SAMC Sec. 36-144 Each 27.00 75A-11 RESOLUTION 2004-082 Proposed REVENUE FY 04-05 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION V POLICE DEPARTMENT 5215 Parking any commercial vehicle over 10,000 Ibs. In a residential district for a period of time longer than two(2) hours prohibited Pursuant to SAMC Sec. 36-145 Each 59.00 5215 Parking on City property Pursuant to SAMC Sec. 36-147 Each 27.00 5215 Parking on property of Joint Powers Agency-city is member Pursuant to SAMC Sec. 36-147.1 Each 27.00 5215 Parking in metered space time expired or beyond max. time Pursuant to SAMC Sec. 36-402(1) Each 41.00 5215 Parking outside of painted or marked area of metered space Pursuant to SAMC Sec. 36-402(2) Each 41.00 5215 Park any vehicle restricting traffic (ingress/egress) Pursuant to SAMC Sec. 36-432(2) Each 41.00 5215 Park any vehicle with trailer, etc., restricting traffic Pursuant to SAMC Sec. 36-432(4) Each 52.00 5215 Red no parking areas-striped no parking areas Pursuant to SAMC Sec. 36-432(5) Each 41.00 5215 Parking outside/across designated parking lines Pursuant to SAMC Sec. 36-432(6) Each 35.00 5215 Parking overtime on public parking lot Pursuant to SAMC Sec. 36-432(9) Each 35.00 5215 Use metered spaces when meter indicates unlawful parking Pursuant to SAMC Sec. 36-432(11) Each 35.00 5215 Park any truck in excess of 2 tons in parking lot Pursuant to SAMC Sec. 36-432(12) Each 41.00 5215 Unauthorized parking in "handicapped" zone Pursuant to SAMC Sec. 36-432(15) Each 65.00 5215 Continued Time Zone Pursuant to SAMC Sec. 36-143 Each 35.00 5215 Parking within a intersection Pursuant to CVC Sec. 22500(a) Each 39.00 5215 Parking within a crosswalk Pursuant to CVC Sec. 22500(b) Each 39.00 5215 Parking adjacent to safety zone Pursuant to CVC Sec. 22500(c) Each 39.00 5215 Parking within 15ft. of driveway entrance of fire station Pursuant to CVC Sec. 22500(d) Each 39.00 5215 Parking on a sidewalk Pursuant to CVC Sec. 22500(1) Each 39.00 75A-12 RESOLUTION 2004-082 5215 5215 5215 5215 5215 5215 5215 5215 5215 REVENUE ACCOUNT SECTION V 5215 5215 5215 5215 5215 5215 5215 5215 5215 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE Proposed FY 04-05 FEES UNIT POLICE DEPARTMENT Obstructing traffic by stopping, standing or parking alongside highway obstruction Pursuant to eve Sec. 22500(g) Each 39.00 Each 39.00 Each 39.00 Each 39.00 Each 39.00 Each 39.00 Each 44.00 Double Parking Pursuant to eve Sec. 22500(h) Parking upon a bridge Pursuant to eve Sec. 22500(k) Parked, right hand wheels more than 18" from right hand curb Pursuant to eve Sec. 22502(a) Motorcycle parked, one wheel or fender not touching curb Pursuant to eve Sec. 22502(e) Parked within 15 feet of fire hydrant Pursuant to eve Sec. 22514 Unattended vehicle, stop motor and set breaks Pursuant to eve Sec. 225 I 5(a) Parking in a space designated for disabled persons without a distinguishing plate or placard Pursuant to eve Sec. 22507.8(a) Each 307.00 Obstruct, block, or otherwise bar access to a parking space designated for disabled persons Pursuant to eve Sec. 22507.8(b) Each 307.00 Park or leave standing any vehicle, including one displaying plates or placard, on boundary lines marking a parking space designated for disabled persons Pursuant to eve Sec. 22507.8(c) Each 307.00 Entering an Intersection, Rail-crossing or crosswalk Pursuant to eve Sec. 22526 Each 139.00 No Year or Month License Plate Tab Pursuant to eve Sec. 5204 Each 76.00 No Vehicle FrontlRear License Plate Pursuant to eve Sec. 5200 Each 76.00 Stopping/Parking in a Fire Lane Pursuant to eve Sec. 22500.1 Each 103.00 Parking in Front of a Driveway Pursuant to eve Sec. 22500 (e) Each 39.00 Parking vehicle for sale - 1st violation Pursuant to SAMC Sec. 41-1301(a) See Planning & Building section of Misc. Fee Schedule Parking vehicle for sale - 2nd conviction w/in year Pursuant to SAMC Sec. 41-1301(a) See Planning & Building section of Misc. Fee Schedule Parking vehicle for sale - 3rd conviction w/in year Pursuant to SAMC Sec. 41-1301(a) See Planning & Building section of Misc. Fee Schedule 75A-13 RESOLUTION 2004-082 REVENUE ACCOUNT SECTION V 5931 5212 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT POLICE DEPARTMENT Wild Animal Permit Fee (Nomefundable) Pursuant to SAMC Sec. 5-8 Program administered by Police Department Each Commercial Vehicle Violation: Public Streets vehicle in excess of 6 ft. in height parked within 100 ft. of posted intersection (SAMC 36-145.5) First Violation Second Violation (within a 12 mo. Period) Third Violation (within a 12 mo. Period) Per Violation Per Violation Per Violation 75A-14 Proposed FY 04-05 FEES 129.00 53.00 80.00 101.00