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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:
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Step en Y. Aryan Paul S. Gibson
Assistant to the Cit anager Director of Finance/City Treasurer
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Approved By:
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�'r/rl,�"L,'(�.'��f�U�° �
Joh . Wohlmuth Lt. Andrew Shouse
Cit anager Palm Desert Police Department
CiTY COUNCILAC�T01�
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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� ��������� �����,
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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.
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