HomeMy WebLinkAbout07.F- Police RESOLUTION (ID # 2280) DOC ID: 2280
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Fees
From: Vicki Cervantes M/CC Meeting Date: 05/20/2013
Prepared by: Vicki Cervantes, 909-388-4912
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Establishing a Fee
to Administratively "Sign-Off' on Correctable Vehicle Code Violations, and Authorizing the
Police Department, or Its Designee,to Collect Said Fee. (#2280)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: $0.00
Account No. 001-210-4740
Account Description: Police Miscellaneous Revenue Fund
Balance as of. N/A
Balance after approval of this item: N/A
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
05/18/2009 Resolution 2009-123 adopted establishing the schedule of penalties for parking
violations set forth in the City of San Bernardino Municipal Code and the
California Vehicle Code, and superseding Resolution 2008-315.
11/15/2010 Resolution 2010-373 adopted superseding Resolution 2009-123 establishing the
schedule of parking penalties for parking violations as set forth in the City of San
Bernardino Municipal Code and the California Vehicle Code.
Background:
Law enforcement officers from all jurisdictions issue citations to drivers of vehicles for various
California Vehicle Code (CVC) violations that require the driver(defendant) to promise to
correct the violation. Proof of correction for the noted violation is later required to be shown to
the Court in order for the case to be adjudicated. CVC 40616 authorizes, in part, that any police
department or other law enforcement agency may certify that a violation has been corrected. An
example of a correctable violation would be expired vehicle registration or inoperable lighting
equipment.
All non-adminstrative citations issued in San Bernardino County must be handled through San
Bernardino County Superior Court. There are currently five open courts in San Bernardino
County located in Victorville, Rancho Cucamonga, Fontana, Morongo, and San Bernardino. The
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2280
Morongo Court may possibly close in the near future due to economic difficulties. This means
more people are coming to the San Bernardino Court to clear their citations and handle other
legal matters.
Currently, an average of 50 people per week walk into the lobby of the San Bernardino Police
Department requesting that police personnel sign off a correctable violation on a citation. Some
citations are issued by San Bernardino Police officers while many others are issued by outside
agencies, such as San Bernardino County Sheriff or California Highway Patrol. Many people are
unfamiliar with the process and go to Court prior to obtaining proof of correction. Because of
the our proximity to the San Bernardino County Superior Court, Central Division, Court clerks
refer defendants to the San Bernardino Police Department to have their citation"signed off," at
which time they are directed to return to the Court for adjudication.
We currently provide proof of correction on citations at no charge. The task of signing off a
citation takes approximately 15 minutes of an employee's time. If the defendant is cited for a
mechanical violation on his/her vehicle, a police employee is required to go to the location of the
vehicle to do a physical inspection of the vehicle to verify the listed violation has been corrected
prior to "signing off' the citation. Many local police agencies charge a fee for this service. See
Exhibit "A" for listing of fees charged by other agencies.
The San Bernardino Police Department Traffic Unit currently has a process in place for
collecting fees for vehicle impound releases,bus passes, and parking citations; therefore, it
would be feasible to collect fees for"signing off' correctable violations and would not require
hiring additional personnel. A CSO II assigned to the Traffic Unit would have the primary
responsibility of"signing off' correctable citations. In addition to conducting the inspection of
the vehicle to verify corrections have been made, this CSO II will also complete data entry in
New World Systems financial program, which tracks all monies collected and generates a receipt
for the customer. This increases the time required for this service to approximately 30 minutes.
In addition, a supervisor is required to approve all financial batches, verify all monies collected,
and send money to Central Cashiering at City Hall. This would take approximately 15 minutes
of the Traffic Sergeant's time. Refer to Exhibit"B" for manpower costs.
Based on the above time estimations, collecting a fee to provide this service costs the City
approximately$38.23 per citation. In 2012, San Bernardino police officers issued in excess of
5,592 citations listing correctable violations that required proof of correction prior to the citation
being adjudicated. Based on fees charged by other cities and our labor costs, staff believes a$25
per citation sign off fee is a reasonable fee. If the City collected$25 for signing off each of these
citations in 2012, it would have collected approximately$139,800 for the year. Staff believes
the number of citation sign off requests may decline if a fee were charged, though it is unknown
how significant the decline would be since these violations have to be signed off regardless.
Residence verification can be a difficult task, as many people cited are not in possession of a
valid California Driver's License or Identification, or those with valid ID often have an address
different from the one listed. Staff is recommending we follow the practice of cities comparable
to us in size and charge a flat fee for both residents and non residents of our City. It is also
recommended we charge the same fee to "sign off' citations issued by outside agencies
regardless of where the customer lives.
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2280
City Attorney Review:
Supporting Documents:
Correctable Citation Administrative Fee Resolution (PDF)
Ex. "A" to Agenda Item-Local Agency Sign Off Fee Comparison (DOCX)
Ex. "B" to Agenda Item-Sign Off Fee Calculation (XLSX)
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ESTABLISHING A FEE TO ADMINISTRATIVELY "SIGN
3 OFF" ON CORRECTABLE VEHICLE CODE VIOLATIONS, AND AUTHORIZING
4 THE POLICE DEPARTMENT, OR ITS DESIGNEE, TO COLLECT SAID FEE N
5 WHEREAS, certain California Vehicle Code section 40616 allows law enforcement
6 agencies to administratively"sign off' a violation; and
7 WHEREAS, signing off on these types of citations requires the City of San Bernardino a
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to expend time and money, more than the proposed fee to be adopted. v
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10 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
11 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council of the City of San Bernardino
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14 hereby establish a $25 fee to administratively "sign off' on correctable Vehicle Code
15 violations and authorize the Police Department, or its designee, to collect said fee upon U.
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service rendered. �
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17 SECTION 2. This Resolution shall take effect immediately upon its adoption. E
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7.F.a
® 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ESTABLISHING A FEE TO ADMINISTRATIVELY "SIGN
2 OFF" ON CORRECTABLE VEHICLE CODE VIOLATIONS, AND AUTHORIZING
THE POLICE DEPARTMENT, OR ITS DESIGNEE,TO COLLECT SAID FEE
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and c
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6 Common Council of the City of San Bernardino at a meeting G
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7 thereof, held on the day of , 2013, by the following vote, to wit: 2
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8 Council Members: AYES NAYS ABS'T'AIN ABSENT v
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19 Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of , 2013.
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Patrick J. Morris, Mayor r
23 City of San Bernardino
24 Approved as to form: a
25 JAMES F. PENMAN, a
26 City Attorney
27 By: ..
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Below are the fees charged by local police agencies for signing off correctable citations:
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In-House Cites Outside Agency Citations o
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Redlands PD Free Will not sign off other agency cites 0
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Fontana PD Free Free to city residents $10.00 for non-city residents
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Rialto PD Free $21.00 for city residents $32.50 for non-city residents N
Upland PD Free $10.00 for city residents $20.00 for non-city residents
Chino PD Free $25.00 for city residents $25.00 for non-city residents o
Riverside PD $18.00 $18.00 for city residents $18.00 for non-city residents
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CHP Free Free Free o
Barstow PD Free Free Free U
Ontario PD $10.00 $10.00 for city residents $10.00 for non-city residents LL
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User Fee Determination
Cost Analysis Worksheet
Department/Division I Fundl Accountl User Fee Description Date
Police 1 0011 1
Description of service, demand, subsidy, and other comments:
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Personnel Costs Labor Rates 2
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Straight Time Fringe Total Direct Dept.or Div. Total Burdened Hours by Total Labor V
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Position Labor Benefits Labor Cost Overhead Labor Cost/Hr. osition per Unit Cost per i
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CSOII 21.77 6.68 28.45 2.1 30.58 0.5 15.29 t)
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Police Sergeant 54.89 16.23 71.12 5.3 76.45 0.3 22.94 ,o
Parking Enforcement Oft. 18.75 6.24 24.99 1.9 26.86 0.0 0.00
Administrative Assistant 20.72 6.52 27.24 2.0 29.28 0.0 0.00 LL
0.00 0.0 0.00 0.00 CD
0.00 0.0 0.001 0.00 CNII
0.001 0.01 0.001 0.00 r-
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Total Burdened Personnel Costs per Unit of Service: 38.23
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Material 8r Rental Costs d
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Description Cost Each jantity Required Unit Cost LL
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Total Other costs per Unit of Service: 0
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Other Costs (Equipment, facility rental, part-time labor w/o benefits) Q
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Description Cost Each jantity Required Unit Cost
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Total Other costs per Unit of Service: E
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Comparisons to Proposed Fee a
More(Less)than S.B. Total Service Direct Cost 38.23
Jurisdiction Fee per Unit Dollars Percentage City-Wide Gen.&Admin.
Rate @ 10.75% 4.11
Total Service Cost/Unit 42.34
Recommended Fee 0.00
Recommended Fee Subsidy 42.34
Current Fee Amount 0.00
Fee Increase(Decr
racket Pg.612