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HomeMy WebLinkAboutOrd No. 1195 - Vehicle Impound Pgrm & Establish the VI Rcvry Fee �.�" ��.»e..,,;���,��.�..�...�.n�,_d� � ���i i�;rt�, �`���'E..�...�._�/ ,.,,,_���.� ' �'�/f�......w��.._... � L._J �ti���T�"�L�D"�u CITY OF PALM DESE T fl,����TO 2Pd�R A�t���i-�� OFFICE OF THE CITY MA GER STAFF REPORT REQUEST: APPROVAL OF A VEHICLE IMPOUND PROGRAM AND ESTABLISHING THE AMOUNT OF THE VEHICLE IMPOUND COST RECOVERY FEE. SUBMITTED BY: Stephen Y. Aryan, Assistant to the City Manager DATE: September 10, 2009 ATTACHMENTS: 1. Ordinance No. 1195 2. Resolution No. 09-6� Recommendation Waiver further reading and: 1) pass Ordinance No. 1195 to second reading, adding Chapter 10.25 - Palm Desert Vehicle Impound Program to the Palm Desert Municipal Code; 2) adopt Resolution No. 09- �_, establishing the amount of the Vehicle Impound Cost Recovery Fee pursuant to Chapter 10.25 of the Palm Desert Municipal Code. BACKGROUND Pursuant to California Vehicle Code Section 22850.5 a city may "adopt a regulation, ordinance, or resolution establishing procedures for the re%ase of properly impounded vehicles and for the imposition of a charge equa/ to its administrative costs relating to the removal, impound, storage, or release of the vehicles." These fees are known as Vehicle Impound Cost Recovery (VICR) Fees. The purpose of these fees is to offset the financial losses suffered by municipalities for removing nuisance vehicles from roadways. Typically, these vehicles are driven by subjects who are unlicensed, suspended, or arrested. They also may include vehicles that are abandoned or left standing on a roadway in violation of a local ordinance or state law. The losses municipalities sustain by removing these vehicles include lost officer productivity and increased administrative costs. The proposed VICR fees may be applied to vehicles impounded or stored for the following reasons: • A Driver that is Unlicensed or Suspended • A Driver that is Arrested � Expired Registration Over Six (6) Months • A Hit and Run Vehicle (for investigation) • A Pursuit Suspect's Vehicle • An Abandoned vehicle VICR Program/Fee Resolution & Ordinance September 10, 2009 Page 2 of 4 Vehicles impounded or stored where the driver or owner has been the victim of a crime or traffic collision (except where the driver is determined to have been intoxicated) will not be subiected to VICR fees. VICR fees will also not be applied to vehicles impounded or stored for the following reasons: • A Recovered Stolen Vehicle • A Recovered Embezzled Vehicle • A Driver that is Injured or Incapacitated LAW ENFORCEMENT SURVEY The Patm Desert Police Department conducted a survey of other local law enforcement agencies. The chart below lists numerous agencies that currently collect VICR fees and the applicable rate. Please note that each agency's rate is determined independently by their local government. A e�a ��,�r'�� �it U��1��'� : �a�rt���ts Palm S rin s PD $125.00 Cathedral Cit PD $155.00/$110.00 Im ound Rate/Stora e Rate Desert Hot S rin s PD $166.00 Indio PD $160.00 La Quinta PD $124.00 Coachella PD $100.00 Rancho Mira e PD $75.00 Moreno Valle PD $120.00 Perris PD $150.00/$75.00 Im ound Rate/Stora e Rate San Jacinto PD* $100.00/$500.00 Im ound Rate/DUI recover Norco PD $150.00 Temecula PD $117.00 Lake Elsinore $188.00 $100.00 to special traffic fund motors, etc. The City of San Jacinto implemented an additional fee for DUI cost recovery pursuant to a separate fee program authorized by statute (Government Code Section 53150). That fee applies to suspects involved in DUI related collisions. The Palm Desert Police Department is currently researching that fee program and will provide additional information regarding that program at a future date. During 2008, 371 vehicles were stored or impounded by the Palm Desert Police Department that would have been eligible for VICR fees. In 2007, that number was 365. The majority of these vehicles were impounded or stored due to the driver being unlicensed or suspended. Of those vehicles, it is estimated that 71% of those Registered Owners were not Palm Desert residents. FISCAL IMPACT The City of Palm Desert currently contracts for Police Services with the Riverside County Sheriff's Department. The patrol rate for FY 09-10 established by the Sheriff's Department is $117.30 per hour. This number includes deputy salary, fringe benefits, insurance and numerous support systems. G:IGTYMGRILORI WIMBISHISTAFF REPORTS1200919.10.09 VICR FEE RESOLUTION.00C VICR Program/Fee Resolution & Ordinance September 10, 2009 Page 3 of 4 The support systems include, but are not limited to the following: supervision in the form of sergeants, lieutenants, and upper administration; dispatch; logistical support; clerical staff and systems; investigations bureaus; and all associated infrastructure and equipment that goes along with those support systems. The Palm Desert Police Department estimated that the average time spent by officers and support staff when impounding or storing nuisance vehicles is a minimum of one hour. This undertaking includes 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 determined that there will be additional costs to administer this program. All VICR payments will be initially collected by Police Department staff and then forwarded to the City for processing. The City Finance Department will then be responsible for record keeping, processing, depositing cash and checks, tracking payments and general accounting of all fees. The Finance Department estimated the cost to administer this program to be $6,840.96 annually ($17.10 per vehicle average). Based upon the above information, the Palm Desert Police Department estimates the total administrative costs per vehicle to be $140.27. Therefore, staff recommends that a VICR fee of$140.00 per vehicle be established. G:ICITYMGRILOR/W/MBISHISTAFF REPORT51200919.70.09 VICR FEE RESOWTION.DOC VICR Program/Fee Resolution & Ordinance September 10, 2009 Page 4 of 4 It is estimated that in FY 09-10 the Palm Desert Police Department will store or impound approximately 400 vehicles that would qualify for VICR fees. Of those vehicles, a small portion will not be recovered by their owner. However, of the fees coltected, the City of Palm Desert could recover approximately $42,000 annually by implementing this program as follows: FY 09-10 Proposed FY 09-10 VICR Estimated VICR Fee Collected Vehicle VICR FEE Fee Projection Annually (@ 75% recovery rate) Pro'ection $42,000 400 $140.00 $56,000 Staff respectFully recommends that the City Council approve Resolution No. and Ordinance No. , implementing a Vehicle Impound Program and establish a VICR fee rate of$140 per vehicle. Submitted By: Revie By: � ` -�-- c,---_ Step en Y. Aryan Paul S. Gibson Assistant to the Cit anager Director of Finance/City Treasurer ,' Approved By: � �'r/rl,�"L,'(�.'��f�U�° � Joh . Wohlmuth Lt. Andrew Shouse Cit anager Palm Desert Police Department CiTY COUNCILAC�T01� APPROVED 'i� bErTIED.--�- R CEIVED OTHE � ' �� • � (" � /��� � ��-l�7 Mi;ETI G DAT -1 AYF,S � . 'G �y � � -, NO(;S: ��� AI3SCNT: A13STAIN: VERIFIED BY: Original on File witL Ci '�0!� 6:ICINMGRILORI WIMBISHISTAFF REPORTS1200919.70.09 VICR FEE RESOLUTION DOC ORDINANCE NO. 1195 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 10.25, PALM DESERT VEHICLE IMPOUND PROGRAM, SECTIONS 10.25.010, 10.25.020, 10.25.030, AND 10.25.040 OF THE PALM DESERT MUNICIPAL CODE. WHEREAS, the Riverside County Sheriff's Department, acting as the Palm Desert � Police Department, impounds and/or stores numerous and various vehicles from highways, public property, or private property, in the City of Palm Desert during the normal course of duty; and WHEREAS, the Riverside County Sheriff's Department, acting as the Palm Desert � Police Department, impounds and/or stores vehicles pursuant to its authority under the California Vehicle Code Sections 22650 through 22669; and 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, stolen and embezzled vehicle victims will be exempt from service fees for the impoundment and/or storage, and release of stolen vehicles; and WHEREAS, situations may arise that warrant the exercise of prudent discretion to forego or excuse the proposed service fee; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: SECTION 1: Title 10 of the Palm Desert Municipal Code is adding Chapter 10.25 to read as follows: "Chapter 10.25" VEHICLE IMPOUND COST RECOVERY FEE Sections: 10.25.010 Administrative Fee 10.25.020 Stolen or Embezzled Vehicles Exempt 10.25.030 Police Department Discretion 10.25.040 Administrative Costs Imposed Section 10.25.010 ADMINISTRATIVE FEE Pursuant to California Vehicle Code Section 22850.5, an administrative fee shall be imposed as set forth in this Chapter for the recovery of impounded and/or stored vehicles in an amount set by Resolution. Ordinance No. � 1 q 5 Section 10.25.020 STOLEN OR EMBEZZLED VEHICLES EXEMPT The victims of stolen or embezzled vehicles shall be exempt from this administrative fee when their vehicles are released from impound and/or storage. Section 10.25.030 POLICE DEPARTMENT DISCRETION The Riverside County Sheriff's Department, acting as the Palm Desert Police Department, may, in the exercise of its discretion, forego or excuse this administrative fee when deemed appropriate by the Chief. Section 10.25.040 ADMINISTRATIVE COSTS IMPOSED The administrative charge shall only be imposed for administrative costs as follows: A. The fee shall only be imposed on the registered owner or the agents of that owner and shall not include any vehicle towed under an abatement program or sold at a lien sale, unless the sale is sufficient in amount to pay the lienholder's total charges and proper administrative costs; B. Any charges shall be collected only from the registered owner or an agent of the registered owner; C. The charges shall be in addition to any other charges authorized or imposed pursuant to the Vehicle Code; D. No charge shall be made to the legal owner who redeems the vehicle unless the legal owner voluntarily requests a post-storage hearing." SECTION 2. SEVERABILITY If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 3. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT This ordinance complies with the "City of Palm Desert Procedure for Implementation of California Environmental Quality Act, Resolution No. 02-60", in that pursuant to Section 3.07, the ordinance is exempt because there is no possibility that the adoption of the ordinance will have any significant negative effect on the environment. SECTION 4. PUBLICATION The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on the day of , 2009, by the following roll call vote: Ordinance No. t i 95 AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE KLASSEN, CITY CLERK RESOLUTION NO. 09-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE AMOUNT OF THE VEHICLE IMPOUND COST RECOVERY FEE PURSUANT TO CHAPTER 10.25 OF THE PALM DESERT MUNICIPAL CODE WHEREAS, the Riverside County Sheriff's Department, acting as the Palm Desert Police Department, impounds and/or stores numerous and various vehicles from highways, public property, or private property, in the City of Palm Desert during the normal course of duty; and WHEREAS, the Riverside County Sheriff's Department, acting as the Palm Desert Police Department, impounds and/or stores vehicles pursuant to its authority under the California Vehicle Code Sections 22650 through 22669; and 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, 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; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1: 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 forty dollars ($140.00). PASSED, APPROVED, AND ADOPTED this day of , 2009, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA PRELIMINARI� MINUTE� REGULAR PU�LIC SAFETY COMMI��ION MEETINC JUNE 10, g009 VII. NEW BUSINESS �� A. Consideration of Vehicle Impound Cost Recovery (VICR) Fee Program Chairman Nethery noted the report in the packets and said this appeared to be a common fee in most cities. Lt. Shouse agreed and said it was very common throughout Riverside County and the State and was becoming more and more routine. Mayor Pro Tem Finerty noted that the chart in the report indicated that the San Jacinto Police Department also charged a DUi recovery fee of $500. She felt the City of Palm Desert should also implement such a fee. She asked whether the Police Department impounded the vehicles for drivers found to be under the influence of narcatics. Lt. Shouse responded that typically when someone is arrested and put in jail, their vehicle is impounded; however, that decision is usually left up to the arresting officer, and vehicles are sometimes released to family members. With regard to the VICR fee, he anticipated there would be approximately 400 vehicles impounded this year that would be eligible for this fee. He added that he would look into the justification for the DUI recovery fee charged by San Jacinto. Commissioner Butzbach said it was his understanding that the Vehicle Code, and perhaps the Government Code as well, allows jurisdictions to recover up to $500 for the investigation of the DUI if it involves a traffic accident. Commissioner Lebel added that State law also provided for recovery of service fees; i.e., if the Fire Department is called out. Mayor Pro `Tem Finerty asked whether the Commission would be ir� favor of a DUI recovery fee similar to San Jacinto, Chairrt��� f�ether�r respond�d that he �nrould first vvant to �novv �nrh�f that fee in �an �acinto uvas actually for. I�le said ef there wa� � ��afute ��tMori�i�g � f�e for extra ��cper��es i� t�rrn� �f �6J� �����s���, ������� ���t.�i�d�9 ������ii�� ���� ��r�f� ��������� �����, v�, PIZELIMIP1ARlr MINU7'ES I�El3ULAR PU�LI� SAFEI'Y COMMISSION MEETIN(3 JUNE 10, 2009 Councilman Ferguson said if the purpose of the fee was to hit them in their wallets, we become the judge, jury, and trier of facts, and DUI lawyers would have a field day. He added that if there was an additional fee to be charged, it would need to be done according to statute. Commissioner Kirkwood said she felt a $500 fee might be a little excessive. Mayor Pro Tem Finerty said perhaps that portion would need to come back to the Public Safety Commission for further consideration, and this was not something that needed to be determined today. Mrs. Gilligan reminded everyone that the Public Safety Commission typically did not meet during the months of July and August, and the Commission might want to consider making a recommendation to the City Council with regard to the VICR at this meeting rather than waiting until September. Commissioner Lebel stated that the $117.30 per hour rate noted in the staff report was for costs incurred by the Police Department but did not include administrative fees for the City of Palm Desert to process documents, and he suggested that an administrative fee be added to the $117. Lt. Shouse stated that the only administrative fee that would be incurred by the City would be for depositing the checks that the Police Department would provide to the City on a regular basis (probably monthly). Any other administrative costs would be handled by the Police Department as part of the contract and hourly rate. Upon question by Chairman Nethery relative to financial records that would need to be kept by the City, Mrs. Gilligan responded that a report woufd be submitted with the check by the Police Department to the City's Finance Department and would include the case numbers and any other pertinent information. Rdministra#ive expenses would be very minimal to process those checks. �hairman Nethery �aid hi� recommendation would b� t� ��� � �Fai� ��tirr�afie ���that a�r�i�istrative ���t ar�� ad� st �� th� �l��� f��, ���9 � PRELIMINARIr MINU7'ES REGULAR PUBLIC SAFEI"Y ��MMISSION MEETINC JUNE 10, 2009 even though it would probably not amount to a lot, it was something that should be paid with the VICR fee. Lt. Shouse stated that the amount could be adjusted at a later date if the Council decides to implement the fee — perhaps look at it in a year's time to see how much actual administrative time is spent by the Gity in processing the checks. Mrs. Giltigan said the Commission could recommend that the City Council adopt an ordinance implementing the VICR, with a resolution setting forth the fees. Chairman Nethery said he would recommend a fee of $117 plus at least $7.50 or more for administrative costs based on a fair estimate by staff between now and when the City Council acts on this matter. Commissioner Butzbach said he supported the concept but felt, as far as the administrative fee, that it should be based on the hourly rate (as of July 1, 2009) of each person involved. Commissioner Kirkwood agreed that an administrative fee should be added. Mayor Pro Tem Finerty said she felt the $117 fee was a real low number as opposed to what other cities are charging. Commissioner Kirkwood moved to, by Minute Motion, recommend to the City Council that the City of Palm Desert adopt a Vehicle Impound Cost Recovery (VICR) Fee consistent with statutes. Motion was seconded by Commissioner Lebel and carried by a 4-0 vote, with Vice Chairman Larsh ABSENT. Commissioner Kirkwood moved to, by Minute Motion, recommend that the City Council: 1) Adopt a minimum VICR Fee of $117.30; 2) consider whether this fee should include additional City administrative costs; 3) consider whether to increase those administrative costs based on FY 2009/10 actual costs. Motion was seconded by Commissioner Lebel and carried by a 4-0 vote, with Vice Chairman Larsh ABSENT. �