Conditions of Approval
Community Development Department
Project #: DRC2023-00142
Project Name: Patriot Partners 13045 Whittram
Location: 13045 WHITTRAM AVE - 022916205-0000
Project Type: Conditional Use Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable
City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance.
1. The site shall be developed and maintained in accordance with the approved plans which include Site Plans,
architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, the Development Code regulations.
2. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided
by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity.
3. www.CityofRC.us
Printed: 5/31/2023
Project #: DRC2023-00142
Project Name: Patriot Partners 13045 Whittram
Location: 13045 WHITTRAM AVE - 022916205-0000
Project Type: Conditional Use Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, those City agents serving as independent contractors in the role of City officials and instrumentalities thereof (collectively “Indemnitees”), from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to, arbitrations, mediations, and other such procedures ) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and /or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. This indemnification provision expressly includes losses, judgments, costs, and expenses (including, without limitation, attorneys’ fees or court costs) in any manner arising out of or incident to this approval, the Planning Director’s actions, the Planning Commission’s actions, and/or the City Council’s actions, related entitlements, or the City’s environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City ’s defense, and that the applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. In the event such a legal action is filed challenging the City’s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due.
4. Any modification or intensification of the approved use, including revisions in the operations of the business
including changes to the operating days/hours; change in the location on-site or within the building of the use/activity that is approved by this Conditional Use Permit; improvements including new building construction; and/or other modifications/intensification beyond what is specifically approved by this Conditional Use Permit, shall require the review and approval by the Planning Director prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. The Planning Director may determine that modifications or intensifications of use require the submittal of an application to modify this Conditional Use Permit for review by the City.
5. www.CityofRC.us
DATE:August 16, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Elisa C. Cox, Assistant City Manager
Michael Smith, Captain, Rancho Cucamonga Police Department Adriana Camacho, Management Aide - Budget
SUBJECT: Public Hearing to Consider Amending the Towed Vehicle Release Fee for the Police Department and Consider a Resolution Approving Such Fee and Authorizing an Automatic Annual Adjustment to the Fee. (RESOLUTION NO. 2023-098) (CITY)
RECOMMENDATION:
Staff recommends the City Council:
1. Conduct a public hearing on the proposed amended Towed Vehicle Release Fee; and
2. Adopt a resolution approving such fee and authorizing an automatic annual adjustment to the fee according to the Employment Cost Index (ECI).
BACKGROUND:
The City can impose fees under the authority granted by California Government Code Section 66000 et. Seq. Fees are allowed to be imposed in order to recover costs associated with the provision of specific services benefiting the user, thereby reducing the use of General Fund monies for such purposes. To impose fees, the City must hold at least one public hearing as part of a regularly scheduled meeting to allow for public comment on the proposed fees.
As a matter of routine, City departments revisit user and development impact fees at least once per year to ensure that small adjustments can be made over time to keep up with operational and construction costs. In accordance with that approach, staff has reviewed the Police Department’s Towed Vehicle Release Fee to recommend what adjustments should be made. This fee is charged upon the release of a vehicle that has been towed in the city, by order of the Rancho Cucamonga Police Department.
The City Council has authorized annual adjustments to certain fees in past resolutions, either by Consumer Price Index (CPI), Employment Cost Index (ECI), or Engineering News-Record (ENR) Construction Cost Index. Approval of an inflationary factor allows for fees to be automatically adjusted annually, thus remaining current. The ECI is the factor that best fits fees where the primary cost is staffing as the factor accounts for wage and benefits increases. The ECI will increase the fee by the percentage change in the Employment Cost Index (ECI) for state and local government workers, total compensation (not seasonally adjusted), during the 12-month period ending on December 31 of the immediately preceding calendar year, as published by the United States Bureau of Labor Statistics. Adjusted fees will be rounded to the nearest whole dollar.
1 9
7 9
ANALYSIS:
It is necessary for the City to periodically update its user fees to ensure that fees charged are commensurate to the estimated cost of providing individualized services. Fee studies are conducted to justify modification to fees as needed. Staff conducted such a fee study, or cost analysis, for the Towed Vehicle Release Fee.
Cost estimates include the number of hours that Deputies spend in the field managing tow service responses, as well as the related support staff time. Per tow, a Deputy averages one hour and a Sheriff's Service Specialist averages 45 minutes to manage the tow response, complete necessary paperwork to tow a vehicle, and write a report. An Office Specialist averages 45 minutes entering necessary information into a Report Management System and mailing proper notifications to the registered and legal owner of the towed vehicle per the California Vehicle Code.
In conjunction with the cost analysis, staff surveyed tow release fees for other local jurisdictions in order to determine if a fee subsidy should be considered to be in line with the market. The fees ranged from a low of $150 to a high of $349. The City’s estimated cost falls within this range. As such, staff is recommending an increase to the Towed Vehicle Release Fee from $100 to $190 effective September 1, 2023. The corresponding cost analysis was placed on file in the City Clerk’s office on August 3, 2023.
Staff also recommends that City Council adopt the attached resolution approving such fee and authorizing an automatic annual adjustment to the fee according to the Employment Cost Index (ECI) effective July 1, 2024.
FISCAL IMPACT:
The proposed increase in the Towed Vehicle Release Fee is anticipated to result in additional annual revenue to the City’s General Fund in the amount of $140,000 based on FY 2022/23 activity. However, the amount generated for FY 2023/24 will be less due to the timing of the implementation of the fee increase.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This action is keeping with the Council’s core value of intentionally embracing and anticipating the future, by taking actions to keep fees in line with costs over time.
ATTACHMENTS:
Attachment 1 – Resolution No. 2023-098
Resolution No. 2023-098 - Page 1 of 2
RESOLUTION NO. 2023-098
A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING THE TOWED VEHICLE RELEASE FEE A. Recitals.
1. The California Government Code allows the City to establish fees and charges for services, provided such fees and charges do not exceed the estimated reasonable cost to the City in providing the service to which the fee or charge applies.
2. Data indicating the estimated or actual cost to provide each service, for which the fees and charges set forth herein apply, was made available to the public at least ten (10) days prior to the date of the public hearing.
3. On August 16, 2023, City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment.
4. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Resolution.
The City Council of the City of Rancho Cucamonga finds and resolves as follows:
SECTION 1: The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: The City has conducted a study of the increasing fee and analyzed costs incurred in providing the related services, including, but not limited to, salary and benefits, maintenance, and administrative costs.
SECTION 3: The City Council hereby specifically finds that the fees and charges set forth do not exceed the estimated reasonable cost of providing the service for which the fee or charge be levied.
SECTION 4: The City Council hereby authorizes the City Manager, or designee, to make an annual adjustment to the fee based on an inflationary factor, the Employment Cost Index (ECI). The ECI will increase the fee by the percentage change in the Employment Cost Index (ECI) for state and local government workers, total compensation (not seasonally adjusted), during the 12-month period ending on December 31 of the immediately preceding calendar year, as published by the United States Bureau of Labor Statistics.
SECTION 5: The City hereby amends the current Towed Vehicle Release Fee, effective September 1, 2023, for the following fee for services performed by the Police Department:
ATTACHMENT 1
Resolution No. 2023-098 - Page 2 of 2
SECTION 6: The City Clerk shall certify to the adoption of the Resolution.
PASSED, APPROVED, AND ADOPTED this 16th day of August 2023.
AYES:
NOES:
ABSENT:
ABSTAINED:
L. Dennis Michael, Mayor
ATTEST:
Janice C. Reynolds, Clerk
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF RANCHO CUCAMONGA
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 16th day of August 2023.
Executed this 16th day of August 2023 at Rancho Cucamonga, California.
Janice C. Reynolds, Clerk
Title Description Cost
Towed Vehicle
Release Fee
The Towed Vehicle Release Fee is the fee paid at the time of vehicle release for vehicles that have been towed at the order and discretion of the Rancho Cucamonga Police
Department. This fee covers the cost of staff administering the services related to a tow.
$190