BBK 72500.00001\32445060.1
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF PALM DESERT AND FLOCK GROUP DBA FLOCK SAFETY
1. Parties and Date.
This Amendment No. 1 to the PROFESSIONAL SERVICES AGREEMENT, C47070 is made and entered into as of this 10th day of April 2025, by and between the City of Palm Desert (“City”) and FLOCK GROUP INC DBA FLOCK SAFETY, a Corporation, with its principal place of business at 1170 Howell Mill Rd. NW STE. 210 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. Recitals.
2.1 Agreement. The City and FLOCK GROUP INC DBA FLOCK SAFETY have entered into an agreement entitled “PROFESSIONAL SERVICES AGREEMENT, C47070” dated July 1, 2024 (“Agreement” or “Contract”) for the purpose of retaining the services of FLOCK GROUP INC DBA FLOCK SAFETY to provide Automated License Plate Recognition Software Subscription and new hardware.
2.2 Amendment. The City and FLOCK GROUP INC DBA FLOCK SAFETY desire to amend the Agreement to Additional Cameras (44) and subscription costs. The Parties have heretofore entered into that Amendment No. 1 dated April 10, 2025.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to 3.6.14 of the Agreement.
3. Terms.
3.1.1 Scope of Services. The Agreement is hereby amended in its entirety to read as follows:
Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit " A-1" attached hereto and incorporated herein by reference (" Federal Requirements"). Additionally, the Consultant shall comply with Exhibit "A-2" attached hereto and incorporated herein by reference. With respect to any conflict between such Federal Requirements and the terms of this Agreement and/ or the provisions of state law, the more stringent requirement shall control.
3.3.1 Compensation. The Agreement is hereby amended in its entirety to read as follows:
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit " C" and Exhibit “A-2” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Million, One Hundred Six Thousand, Two Hundred Fifty Dollars ($2,106,250) without written approval of the City Council or City Manager, as applicable. 343
Contract No. ___________
BBK 72500.00001\32445060.1
Original Cost Total
(5-Year Term)
Amendment No. 1
(Hardware purchase &
Remaining 48-months)
Amended Contract Total
(Combined)
$1,412,500 $693,750 $2,106,250
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
344
Contract No. ___________
BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF PALM DESERT
AND FLOCK GROUP INC DBA FLOCK SAFETY
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the PROFESSIONAL SERVICES AGREEMENT as of the day and year first above written.
CITY OF PALM DESERT
By: _______________________
Chris Escobedo
Interim City Manager
Attest:
By: _______________________
Anthony J. Mejia
City Clerk
Approved as to form:
By: ________________________
Isra Shah
Best Best & Krieger LLP
City Attorney
FLOCK GROUP INC DBA FLOCK
SAFETY , A CORPORATION
By: _____________________
Mark Smith
General Counsel
By:
Mike Molina
VP Legal, Deputy General Counsel
City Clerk QC: _____
Contract QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
345
Exhibit "A-2"
346
Exhibit "A-2"
We requested that the term remain the same.
Adding additional Cameras and subscription to each fiscal year.
Flock to provide updated proposal.
347
Exhibit "A-2"
348
Exhibit "A-2"
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350
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: April 10, 2025
PREPARED BY: Andrea Staehle, Director of Human Resources Isra Shah, City Attorney
SUBJECT: CONSIDERATION OF APPROVING AN INTERIM CITY MANAGER
EMPLOYMENT AGREEMENT
RECOMMENDATION:
Approve the Interim City Manager Employment Agreement with Christopher Escobedo, effective March 24, 2025.
BACKGROUND/ANALYSIS:
City Manager Todd Hileman submitted his resignation, effective March 21, 2025. In response, during the closed session held on February 27, 2025, the City Council voted to appoint Christopher Escobedo, Assistant City Manager, to serve as Interim City Manager.
Subsequently, during the March 27, 2025 closed session, the City Council discussed the terms of an employment agreement for Mr. Escobedo’s interim appointment. It is a standard practice for the City to enter into an employment agreement with an Interim City Manager to establish compensation, duties, and conditions regarding the employee's return to their prior position. The City Council directed staff to prepare an agreement formalizing these terms.
Under the Brown Act, the City is required to provide an oral report before final action is taken on local agency executive compensation, including salary, schedules, or compensation paid in the form of fringe benefits. The key terms of the agreement are as follows:
The compensation for Mr. Escobedo will be $270,000 annually, paid on a pro-rata basis.
Mr. Escobedo will continue to receive health and other benefits consistent with those received in his role as Assistant City Manager, without change.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The City Manager position is a regularly budgeted position within the City's operating budget.
The costs associated with appointing an interim City Manager are included within the existing budget appropriation and will be part of the FY 2025-26 Annual Budget request. 351
City of Palm Desert
Interim City Manager Employment Agreement – Chris Escobedo
ATTACHMENT:
Interim City Manager Employment Contract
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CITY OF PALM DESERT
EMPLOYMENT AGREEMENT TO SERVE AS INTERIM CITY MANAGER
1. PARTIES AND DATE.
This Employment Agreement (“Agreement”) is made and entered into this 24 th day of
March 2025 (“Effective Date”), by and between the City of Palm Desert, a municipal corporation (“City”), and Christopher Escobedo (“Employee”). City and Employee are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Interim Assignment. The City Council appointed Employee to serve as the Interim City Manager for the City, effective March 24, 2025.
2.2 Employment Agreement. City and Employee now desire to establish an Employment Agreement to set the terms of Employee’s employment while he serves as the Interim City Manager, which role shall cease at the discretion of Council. This appointment is temporary and at-will, and after termination of the Interim appointment, Employee shall return to his regular position with the City.
3. TERMS.
3.1 Temporary Duties. Employee shall perform the duties of the City Manager, as specified in the laws of the State of California and the ordinances and resolutions of the City of Palm Desert, on an Interim basis until such time as the City Council terminates the appointment and this Agreement shall be of no further force and effect.
3.1.1 Interim City Manager. City temporarily appoints Employee as Interim City Manager to perform the functions and duties in accordance with applicable state law, the City’s Municipal Code, as well as the approved City job description for the position.
Employee shall also perform other legally permissible and proper duties and functions as the City Council shall from time-to-time assign.
3.1.2 Control and Supervision. Employee shall serve at the will and pleasure of the City Council.
3.1.3 City Council Meetings. Employee shall attend all City Council meetings, unless excused or directed otherwise.
3.2 Temporary Compensation. Employee’s annual base salary, effective March 24, 2025, shall be temporarily increased to the total amount of $270,000 and will not be eligible for the July 1, 2025 cost of living adjustment (COLA), until such time as the City Council terminates the appointment. Thereafter, Employee’s salary shall revert to that of his regular position, and this provision shall be of no further force and effect. 353
Contract No. __________
2 IN WITNESS WHEREOF, City and Employee have signed and executed this Agreement effective the date first above written.
CITY EMPLOYEE
By: By: _________________________
Jan C. Harnik Christopher Escobedo
Mayor
ATTEST:
By:
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
By: _____________ _ _ _____
Isra Shah
City Attorney
354
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: April 10, 2025
PREPARED BY: Gary Shaffer, Director of Library Services SUBJECT: PROVIDE DIRECTION ON LIBRARY FOUNDATION CONSIDERATIONS RECOMMENDATION:
Provide direction on City/Library Foundation considerations.
BACKGROUND/ANALYSIS:
On July 1, 2024, the City of Palm Desert officially assumed library operations from the County of Riverside and their contracted operator, Library Systems & Services (LSS). On August 22, 2024, the City Council authorized the formation of a 501(c)(3) nonprofit, the Palm Desert City Foundation (“Foundation”) support organization. The Foundation would be specific to Palm Desert, focusing initially on fundraising for the library and with City Council direction could later expand to include other City operations with fundraising needs (e.g., public art, aquatics centers, parks) as they arise. At the February 27, 2025 meeting, the City Council had further discussion regarding the Foundation and requested additional research be completed. Based on City Council feedback, research was done on the areas of discussion:
Research on other city foundations/support organizations including existing foundations like the Desert Community Foundation,
Maintaining the City’s vision and mission for the Foundation, Management oversight of the Foundation,
Oversight of Foundation funds,
Library specific or citywide Foundation,
Utilization of the Friends of the Library.
City/Library Foundations
Below are nine library foundations/city support organizations from across Southern California, including two Coachella Valley library foundations¹ and two city foundations², for comparison purposes (See Attachment 1 for details on the other fundraising organizations). The support organizations reviewed are in order of city population, smallest to largest:
Rancho Mirage Library & Observatory Foundation¹
City Of Beverly Hills Community Charitable Foundation² Friends of the Beverly Hills Public Library
Palm Springs Public Library Foundation¹
Newport Beach Public Library Foundation
Carlsbad Library and Arts Foundation
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City of Palm Desert
Provide Direction on City/Library Foundation Considerations
Riverside Community Services Foundation²
Riverside Public Library Foundation
Long Beach Public Library Foundation
The Foundations listed above, raise money by seeking general donations or via a specific initiative (e.g. children’s services or capital campaign). In the case of two of the larger foundations (Carlsbad and Newport Beach) the foundations primarily manage large endowment accounts which generate enduring funds for ongoing initiatives. In the case of Newport Beach, the foundation also has engaged in raising funds for a capital campaign and a speaker series.
The one library friends group identified (i.e. Beverly Hills) raises money by selling used books.
This is a common practice of library friends groups throughout the country.
Based on the research of the other foundations, below is summary on how best to establish a Foundation while incorporating feedback received from the City Council.
1. Maintaining the City’s Mission and Vision for the Foundation By IRS regulation, a 501(c)(3) may only support the mission or organization it was chartered to support. Agreed-upon mission and vision statements, which align with those of the City and the library, will be incorporated into the governing documents. Governing documents will include a Memorandum of Understanding (MOU) between the City and the Foundation (Please see Attachment 2 for a sample MOU.).
2. Management and Oversight of Funds
The Foundation will be required to adhere to Generally Accepted Accounting Principles (GAAP) and would be subject to regular audits in alignment with IRS regulations. To retain further control, the City could request quarterly financial reports be filed with the City Council.
The City Council could also choose to have the City directly manage the Foundation’s bank account. The City would follow its standard investment strategy and policies with Foundation funds. The aforementioned MOU could also contain a dissolution clause, which would allow the City Council to dissolve the Foundation at any time if it wishes with all fund-balances reverting to the City’s Library Fund.
3. Recommended Policies and Procedures
The City could require that the Foundation put in place a gift acceptance policy (See Attachment 3 for an example of such a policy.), which would dictate gift parameters. Per a gift acceptance policy, the Foundation would not accept a gift from a donor who requested to fund an initiative that the City or Foundation board does not wish to initiate. Ideally, a donor would give unrestricted funds or perhaps be directed towards an initiative outlined in the library’s mission (e.g., children’s literacy or a capital campaign). In the case of a naming opportunity for a capital campaign, a contract would be signed by both parties, reflecting the particulars and limitations of the agreement. The City may decide to incorporate other policies 356
City of Palm Desert
Provide Direction on City/Library Foundation Considerations
at any time (e.g. document retention policy, etc.). Staff will ensure that all Foundation policies align with current City policies, and City policies shall take precedence in any area of conflict.
4. Utilization of the Friends of the Library
The Friends of the Palm Desert Library (FOTPDL) support the Palm Desert Library by selling gently used books and then using those proceeds to fund agreed upon initiatives at the library (e.g. newspaper and magazine subscriptions; adult programs, etc.). They do not consider themselves professional fundraisers, but rather volunteers. The FOTPDL are a chapter of the Friends of the Desert Libraries a 501(c)(3) nonprofit library support organization. Member chapters of this group consist of all the Coachella Valley Riverside County Library System locations and the FOTPDL. The County has requested that the FOTPDL become independent. Should the Foundation not move forward, they will need to set up their own 501(c)(3) to continue operating.
5. The Desert Community Foundation
Instead of a City Foundation, a third-party foundation partnership could be established. Staff met with the Desert Community Foundation (DCF) on March 11, 2025. The City may set up a library fund at DCF to which donors may contribute. The City would need to make an initial deposit of $50,000. The City would then need to instruct potential donors to contribute to the library via check to DCF and stipulating “Palm Desert Library” in the note field. DCF has mechanisms to allow for credit card payments and directed giving to specific program accounts that the City has setup. (See Attachment 4 for the complete Visit Report.) Consideration
While many municipal libraries engage in external fundraising to enhance services, the City Council retains the authority to allocate any General Fund monies to the library should no foundation be established. A likely scenario would be as follows:
FY 2025-26 Budget
Estimated County Property Tax Revenue $2,300,000
Estimated Library Operations ($2,700,000)
General Fund Subsidy $400,000
City Council Direction Requested
Staff seeks City Council guidance on the following options:
1. Establish the Palm Desert City Foundation and continue the process to complete its establishment including bylaws, policies and procedures.
2. Discontinue efforts to establish the Foundation and choose to fund the difference between the Palm Desert Library dedicated county property tax receipts and the library budget via General Fund subsidy.
357
City of Palm Desert
Provide Direction on City/Library Foundation Considerations
3. Set up an alternate mechanism to receive donations at the Desert Community Foundation.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
Should the City Council opt to proceed with forming a foundation, the Library Department has allocated funds in the FY 2024-25 Annual Budget for initial filing fees, with ongoing costs to be determined and budgeted as necessary.
If the City Council were to forego establishing a foundation, there is no immediate direct financial impact with this action. However, in future fiscal years, any deficit between the dedicated County property tax receipts and the approved library budget will require support from the General Fund.
Should the City Council opt to set up an alternate mechanism to receive donations at the DCF, as indicated, a $50,000 donation to DCF will be required to establish the DCF library fund. Those funds would be owned by the City but would need to remain in the Library Fund at DCF. To date the library has received donations in the amount of $50,000 from private donors that could be used for this purpose.
ATTACHMENTS:
1. Other Fundraising Organizations Information
2. Public Library and Foundation MOU Example
3. Gift Acceptance Policy Example
4. Palm Desert Staff Visit with DCF Report
358
Library Fundraising Organizations
Library Foundations Annual Annual ContriPopulation End of Yr. Bal Revenue bution to Library Activities 1 Rancho Mirage Library & Observatory Foundation 17,795 2,432,342 $ 499,274 $ 428,595 $ Books, Programs (Library & Observatory) Literary Legacy 2a City Of Beverly Hills Community Charitable
Foundation
409,560 30,974 $ 30,744 $ - $ "Enhance the services and programs provided to the BH Community"
2b Friends of the Beverly Hills Public Library 30,974 1,253,380 $ 169,838 $ 45,492 $ Fund books, digital media, info systems, summer reading.
Commission artwork
3 Palm Springs Public Library Foundation 45,218 175,310 $ 94,399 $ 25,160 $ Access to library services, Cap. Campaign Ads 4 Newport Beach Public Library Foundation 82,637 3,841,330 $ 7,111,675 $ 9,214,843 $ Book Discussion Group, Financial Workshops, Lectures, & Capital Campaign
5 Carlsbad Library and Arts Foundation 113,495 4,783,411 $ 278,230 $ 105,000 $ Primarily manages endowment gifts & funds library and arts initiatives.
6a Riverside Community Services Foundation 318,858 1,100,196 $ 466,700 $ - $ Advance, and maintain public parks, recreation, and community services in the City of Riverside.
6b Riverside Public Library Foundation 318,858 783,503 $ 146,440 $ 449,281 $ Fund books, databases, summer reading, lectures, celebrations, library operations
7 Long Beach Public Library Foundation 449,468 11,310,102 $ 1,259,296 $ 960,880 $ Fund the Family Learning Ctr., Makerspace Studios, Literacy initiatives, books, Chromebooks
Financial data per most recent IRS Form 990s.
Attachment-1
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Attachment-4
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Attachment-3
380
Report on Palm Desert Staff Visit with
Desert Community Foundation
Staff met with Desert Community Foundation (DCF) to explore the viability of the City using DCF as a mechanism to fundraise and/or invest and bank fundraising proceeds in early March 2025.
Background
Since 1999, Desert Community Foundation, a 501(c)(3) has supported nonprofits, donors, and scholarship committees in the Coachella Valley. They empower nonprofits through Donor Advised Funds, Scholarships, and Donor Directed Grants. DCF is committed to creating lasting change and investing in the future of the region. They manage $132 million in investments for donors.
Primary work of DCF: Donors deposit funds with DCF. The deposit is irrevocable. Donor gets an immediate tax write-off, if eligible. Donor specifies which organization or organizations they wish their funds to support. The corpus (or deposit) is generally preserved and the donor will request that the earnings be disbursed annually in perpetuity. If the designated nonprofit goes out of business, DCF tries to identify a nonprofit with a similar mission to receive the ongoing funding.
Work DCF does that other community foundations may not: DCF runs several successful scholarship programs for local Country Clubs. Collectively, they have awarded $2.9 million in scholarships for the 2024-2025 academic year, sent 1,600 scholarship recipients to colleges, and funded over 15,000 semesters for those students.
How DCF earns money for its operations: Four times a year DCF accesses a 0.25% (1% annually) fee on the amount in all fund as a management fee. The quarterly fee drops to 0.1875% (0.75% annually) for balances above $5 million.
Who manages DCF’s portfolio: DCF has outsourced the management of their various funds to the California Community Foundation (CCF) located in Los Angeles. CCF has been in operation since 1918. Manages over $2.3 billion in assets, and collectively oversees over 1,900 funds.
Scenario for the City of Palm Desert: The City could set up a library fund at DCF to which donors may contribute. The City would need to make an initial deposit of $50,000. The City would then need to instruct potential donors to make a contribution to the library by making out a check to Desert Community Foundation and putting in the memo portion: Palm Desert Library. If the donor wishes to specify that their donation be directed to something specific (e.g. children’s services), they would need to write “Palm Desert Library: children’s services” in the note field.
Consideration: DCF also accepts credit card donations. A custom donation button link for the fund can be set up for those donors who prefer to make credit card donations. Donations earmarked for the library can be in the form of a check or credit card. DCF will also accept stock donations and wire transfers. DCF also administers an online event once per year during their CV Giving Day campaign where donors can make a credit card donation. Over 136 charitable organizations participate. Each organizations success is dependent on that organization’s marketing of the event.
Attachment-4
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: April 10, 2025
PREPARED BY: Daniel Hurtado, Public Safety Analyst
SUBJECT: RESOLUTION AMENDING THE AMOUNT OF THE DUI DRIVER AND
VEHICLE IMPOUND COST RECOVERY FEE PURSUANT TO CHAPTER
10.25 OF THE PALM DESERT MUNICIPAL CODE
RECOMMENDATION:
Adopt a Resolution entitled “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.”
BACKGROUND/ANALYSIS:
Vehicle Impound Cost Recovery (VICR) fees are imposed by the City to recoup administrative and operational costs incurred when law enforcement impounds vehicles due to legal violations or public safety concerns. These costs typically include law enforcement resources, administrative processing, and storage fees incurred during vehicle impounds, particularly for violations such as Driving Under the Influence (DUI). The fees aim to ensure that the City recovers its expenses incurred to enforce these actions. By aligning these fees with actual operational costs, VICR fees also serve as a deterrent to unsafe driving behaviors, such as driving under the influence, and support public safety efforts.
The City of Palm Desert's VICR fees were last updated in 2014. A review of current administrative and enforcement costs, as well as a comparison of VICR fees across neighboring Coachella Valley cities, indicates a need for an update. The City of Palm Desert applies a single, standard fee (per impound type) for all vehicles.
Fee Type Current Fee Proposed Fee
Standard Impounds $165 $275
DUI-Related Impounds $705 $1,190
These adjustments reflect the current actual costs incurred by the City, address inflation and rising operational expenses since 2014, and reaffirm the City’s dedication to discouraging driving under the influence. The changes are intended to ensure full cost recovery, promote public safety, and maintain alignment with regional standards.
The City of Palm Desert contracts with the Riverside County Sheriff's Department for law enforcement services. The City receives direct bills for deputies' and supervisors’ time, making it essential to align VICR fees with actual costs.
383
City of Palm Desert
DUI Driver And Vehicle Impound Cost Recovery Fee
The DUI-related fee increase to $1,190 accounts for inflation and rising personnel and administrative costs over the past decade. This updated fee will enable the City to recover its actual expenses for processing DUI-related impounds, which require extensive law enforcement time and resources.
To ensure ongoing cost recovery and alignment with operational expenses, staff recommends implementing an annual fee adjustment mechanism. Beginning July 1, 2026, and on each July 1 thereafter, Palm Desert’s Vehicle Impound Cost Recovery (VICR) fees shall be automatically increased by the lesser of: (i) the actual percentage increase imposed on the City by the Riverside County Sheriff’s Department pursuant to the contract rate for services, or (ii) five percent (5%). This adjustment will be applied to the then-current fees without the need for further City Council action or public hearings, unless new fees are adopted or this authority is rescinded by the City Council. This approach provides a streamlined method for maintaining cost recovery while accounting for inflation and contractual cost changes.
Justification for Fee Adjustment:
1. Deputy and Supervisor Time:
Processing vehicle impounds requires law enforcement resources, including deputy labor and supervisor oversight.
For DUI-related impounds, additional time is required for investigations, field sobriety tests, evidence collection, and administrative follow-up. The fee increase accounts for these costs, ensuring the Sheriff’s Department's time (representing City resources) is fully recovered.
2. Consistency in Fee Structure:
Palm Desert applies a standard impound fee across all vehicle types, unlike other jurisdictions that vary fees based on vehicle size or specialized handling.
3. Cost Recovery Goal:
VICR fees are structured to recover the actual costs incurred by the City in contracting with the Sheriff’s Department. The DUI fee increase ensures alignment with current operational costs while avoiding a subsidy from the General Fund.
4. Discouraging Driving Under the Influence
The DUI-related fee increase from $705 to $1,190 reinforces the City’s commitment to public safety. This higher fee to recover the City’s costs also serves as a financial deterrent to individuals engaging in dangerous behaviors.
Comparative Analysis:
City Standard Fee DUI Fee
Riverside County $92 Established by Resolution
Rancho Mirage $145 Same as standard
Indian Wells $150 $670
Coachella $200 Same as standard
Palm Desert $275 (Proposed) $ 1,190 (Proposed)
Cathedral City $245 $566
La Quinta $270 Same as standard
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City of Palm Desert
DUI Driver And Vehicle Impound Cost Recovery Fee
Note: Palm Springs and Indio are not listed in the above comparison due to their tiered fee model.
Commission Recommendation:
The Public Safety Commission reviewed this matter at their March 11, 2025, meeting and recommended approval of the resolution.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The proposed VICR fee structure will be updated annually to ensure alignment with changes in operational expenses and inflation while reducing the need for frequent adjustments. The recommended increase from $165 to $275 for standard impounds and a $1,190 fee for DUIrelated impounds will enable the City to recover costs associated with DUI and vehicle impoundment.
ATTACHMENTS:
1. Resolution No. 2025-___
2. Supplemental Information Sheriff’s DUI/VICR Fee
3. Resolution No. 2014-95
4. PowerPoint Presentation
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RESOLUTION NO. 2025-____
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” attached 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 at 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- 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.
SECTION 8. If any provision of this Resolution or the application thereof to any 388
Resolution No. 2025- Page 3
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 _________________.
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-__ 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 _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
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
389
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 recordkeeping, 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
390
Resolution No. 2025- Page 5
City Administrative Cost: $45.00 × 1 Hour = $45.00
Total Cost: $1,192.75 (Rounded DUI/VICR Fee: $1,190.00) 391
Resolution No. 2025- Page 6
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
392
Resolution No. 2025- Page 7
City Administrative Cost: $45.00
Total Cost: $274.55 (Rounded VICR Fee: $275.00)
393
394
RIVERSIDE COUNTY Sheriff
P. 0. BOX 512 • RIVERSIDE, CALIFORNIA 92502 • (951) 955-2400 • FAX (951) 955-2428
VEHICLE IMPOUND COST RECOVERY RELEASE
(V.I.C.R.)
Registered owner(s): Legal owner(s):
Doe, John
1111 First Street
Anytown, CA 91111
�
I
a,
--..
File Number: T143620153 Date Towed: 12/ll/2014Q:
License Plate / VIN: 7G75776 Available for Release: 01/11/2015 Description: 2003 Nissan Frontier White
Authority: 14602.6 V.C. - 30 day impound for no CDL
Tow Company: Sullivan Towing 43100 Light Hill, Anytown. CA. 91111 760-555-7560 The vehicle above, registered in your name, was stored / impounded pursuant to the provisions of the California Vehicle Code by our agency. In accordance with the California Vehicle Code Section 22850.5, Riverside County Resolution #95-075 and Palm Desert City Resolution #2025- __, a fee in the amount shown must be paid to the Riverside County Sheriffs Department prior to the release of the vehicle.
THIS FEE IS IN ADDITION TO WHATEVER FEES ARE DUE TO THE TOW
COMPANY FOR THE TOWING/STORAGE OF THE VEHICLE
This fee may be paid at: Riverside Sheriffs Department
Palm Desert Station
73-705 Gerald Ford Dr.
Palm Desert, CA. 92211
(760) 836-1600
CASH ONLY
Hours: Monday-Friday 8:30 am - 4:30 pm
Fees are set by the city where the vehicle was towed from and are: $275.00 Non-DUI VICR Fee $1,190.00 DUI VICR Fee
On weekends, holidays, or after hours the fee may be paid to the storage facility where the vehicle is stored, providing all license and registration information is valid. Fees are subject to change.
Palm Desert Station 73-705 Gerald Ford Dr. Palm Desert, CA. 92211 (760) 836-1600 395
396
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 Sheriffs 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 Sheriffs 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.
397
Resolution No. 2014- 95
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: Individuals that are acquitted of all crimes that they are charged with may request a refund of the assessed Vehicle Impound Cost Recovery (VICR) fee, by contacting the Palm Desert Sheriff's Station no later than thirty days after the acquittal date. Reimbursement requests that are greater than thirty days may be considered by obtaining City Manager approval.
SECTION 4: The Resolution shall take effect upon adoption.
PASSED, APPROVED, AND ADOPTED this 11 m day of December , 2014, by the City Council of the City of Palm Desert, Califomia, by the following vote, to wit:
AYES: HARNIK, JONATHAN, SPIEGEL, TANNER, and WEBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
STJSAN MARIE WEBER, MAYOR
ATTEST:
RAHELLE D. IRE SEN, CITY CLEMK CITY
OF PALM DESERT, CALIFORNIA
398
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 Sheriffs 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
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, DMV,
Imaging)
Notice of Stored Vehicle Mailing
Review & Approve Police Report
Conduct Tow Hearing
Position
Deputy
Deputy
Deputy
Deputy
Deputy
Deputy
Deputy
Deputy
Deputy
Deputy
Deputy
Office Assistant
Office Assistant
Office Assistant
Sergeant or Corporal
Sergeant or Corporal
399
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- includina benefits) TOTAL: $ 708.81 ( DUINICR FEE=$ 705. 00)
400
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 Sheriffs Department. The patrol rate for FY 13- 14 established by the Sheriffs 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 Deputy or CSO station clerical staff and ensure vehicle entered
into NCIC as stored/ impounded
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 Office Assistant System & process paperwork
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.
401
Resolution No. 2014- 95
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-includinq benefits TOTAL: $ 168.29 (REVISED VICR FEE=$ 165. 00)
402
DUI & VEHICLE IMPOUND COST
RECOVERY FEE UPDATE 2025
Public Hearing
April 10, 2025
403
PURPOSE • Update VICR fees to
reflect actual City
costs
• Ensure full cost
recovery for
standard and DUI-
related impounds
• Request Council
adoption of
updated resolution
2 404
WHY THE CHANGE?
• Last update: 2014
• Increased Sheriff’s contract rates
• Regional comparison shows Palm
Desert undercharging
• Align with inflation and actual staff
time
3 405
PROPOSED FEE
ADJUSTMENT
4 Fee Type Current Proposed
Standard Impound $165 $275
DUI Impound $705 $1,190
406
5 COST BREAKDOWN
Standard:
• Deputy/Admin time = $274.55 → Rounded: $275
DUI:
• Deputy/Admin time = $1,192.75 → Rounded: $1,190
407
6 REGIONAL COMPARISON
Palm Desert’s proposed DUI fee is aligned with full cost recovery and higher than nearby cities:
• Indian Wells: $670
• Cathedral City: $566
• Rancho Mirage, La Quinta: No DUI-specific fee
408
7 KEY PROVISIONS
• Annual increase (from July 2026): lesser of 5% or Sheriff’s rate hike • Refunds available upon acquittal (within 30 days)
• Replaces Resolution No. 2014-95
409
RECOMMENDATION
• Adopt Resolution No. 2025-___
• Approve updated VICR fees
• Implement automatic adjustments
8 410
THANK YOU
Daniel Hurtado
[email protected]
760-776-6414
411