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HomeMy WebLinkAboutRes 2014-95 - DUI and VICR Fee M�ETIPt� GfiTE .�.� � �� '�'n � � _ a"o� � �r)i�±i��'!i�'�J i��_ (�� ( � E ERT �` � .. , ., � �� Pr1SSd9��� ��<� t�iA�.la OFFICE OF THE CITY NAGER STAFF REPORT REQUEST: APPROVAL OF RESOLUTION NO. 2014-95 , A RESOLUTION OF THE CITY COUNCIL 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 RES�LUTION N0. 09-67. SUBMITTED BY: Stephen Y. Aryan, Risk Manager DATE: December 11, 2014 ATTACHMENT: 1. Resolution No.2014- 95 2. Sample VICR Fee correspondence Recommendation Waive further reading and adopt Resolution No. 2014- 95 Commission Recommendation The Public Safety Commission reviewed this matter at their November 12, 2014, meeting. The Commission recommended that staff develop a method for reimbursement of the imposed VICR fee should an individual be acquitted. Back�round In 2009, the City of Palm Desert implemented a Vehicle Impound Cost Recovery (VICR) Program that charges a $140 fee to offset the financial losses suffered for removing nuisance vehicles from roadways. Typically, these vehicles are driven by subjects who are unlicensed, whose license has been suspended, or who have been arrested. These vehicles may also have been 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. On September 29, 2014, the CVAG Executive Committee approved a draft model ordinance which establishes a Driving Under the Influence (DUI) Vehicle Impound Cost Recovery (VICR) Fee for consideration and potential adoption by CVAG member jurisdictions. This would differ from the City's current VICR fee program in that it deals primarily with cost recovery associated with officer and staff time responding to driving under the influence traffic collisions. Currently, only the costs incurred by the agencies Resolution No. 2014-95 VICR Fee Program Staff Report December 11, 2014 Page 2 of 4 who respond to a DUI "incident" are recoverable. A conservative definition of an "incident" is response to a situation where a traffic collision occurred as a result of a DUI driver. Staff recommends that the current VICR fee (non-DUI related) be increased from $140 to $165 to account for the increased deputy rate and staff time. The current VICR rate has remained unchanged since being established in 2009. Registered owners of vehicles would only be required to pay the higher of the administrative fees if more than one is applicable to a specific incident. For example, an impaired driver with a suspended driver's license is involved in a traffic collision and arrested for DUI. This driver would only be required to pay the proposed DUINICR fee (proposed $705) and not the lower VICR administrative fee (proposed $165) charged to drivers with suspended licenses. Again, the DUI-Collision VICR would only be charged if there was a traffic collision. The creation of a DUI-Collision VICR fee would reimburse the City for the expenses incurred in these investigations. A two-tiered fee structure will avoid the unintended effect of increasing VICR fees on vehicles towed for less time intensive reasons (e.g. unlicensed or suspended drivers). The costs incurred by the City for officers arresting and processing drivers for a DUI incident at the scene of a collision is in excess of the current VICR administrative fee. The following chart details the average time spent and costs incurred by the City of Palm Desert when a driver is arrested for driving under the influence of alcohol and/or drugs, at the scene of an accident, and the vehicle is towed or impounded. ' - • � � ' • • - • - - • Deputy Conduct investigation 4.5 hours $139.29 $626.81 (field sobriety tests, document scene, prepare vehicle storage report, search vehicle, re are re ort Clerical NCIC entry, notice of .25 hours $28.80 $7.20 stored vehicle mailings, report processing (court, DMV, imaging, and filin Supervisor Review and approve .50 hours $91.60 $45.80 Re ort City Administrative .25 hour $116 $29.00 Clerical rocessin $708.81 Resolution N0. 2014-95 VICR Fee Program Staff Report December 11, 2014 Page 3 of 4 The non-DUI related VICR fees may be applied to vehicles impounded or stored for the following reasons: • A driver who is unlicensed or whose license has been suspended • A driver who is arrested • Expired registration over six (6) months • A hit and run vehicle (for investigation) • A pursuit suspect's vehicle • An abandoned vehicle Vehicles impounded or stored when the driver or owner has been the victim of a crime or traffic collision (except when the driver is determined to have been intoxicated) will not be subject 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 During 2013, approximately 750 to 800 vehicles were stored or impounded by the Palm Desert Police Department that would have been eligible for VICR fees (includes DUI cases). Please note that a fee was not collected for all these vehicles, as some drivers do not pick up their vehicles. The City Council reviewed this matter on November 12, 2014, and concuRed with the Public Safety Commission's recommendation. Staff was directed to develop a method for reimbursement of the imposed VICR fee should an individual be acquitted. When someone is assessed the VICR fee, the Palm Desert Police sends them correspondence indicating the amount of the fee and how to submit payment. Staff proposes adding the additional language to this correspondence that incorporates the City Council's recommendation: "Shou/d you be acquitted of all crimes that you are charged with in this matter and wish to requesf a refund of the assessed Vehicle Impound Cost Recovery (V/CR) fee, p/ease contact the Pa/m Desert Sheriff's Staiion af (760) 836-1600 no later than thirtY days after the acquitta/date." The resolution was also updated to incorporate the reimbursement policy. Staff respectfully recommends that the City Council approve the attached resolution, revising the current Vehicle Impound Program fee and establishing a DUI Impound Program and fee. Resolution No. 2014-95 VICR Fee Program Staff Report December 11, 2014 Page 4 of 4 Fiscal Impact As noted, the current VICR fee is recommended to be increased from $140.00 to $165.00 and the new DUI-Collision VICR fee is recommended to be set at $705.00. Approval of this fee structure will enable the City to recoup its costs spent responding to DUI traffic collisions and impounding vehicles. Submitted By: CITY COUNCILAC,TfON �.�'a'�d OV F;D � DENTFD Stephe Y. ryan, Risk Ma ager ��t:CE1VED OTHER Reviewed By: ����:�:"��. '(� DAT — " ��'��;s: t�' � ,Y�� NOI:S: Al3SENT: ' AI3STAIN: Director of Finance/Cit � I'�� BY' � Paul S. Gibson, y Original on File with City rk's Office Approved By: �rG��Y� ✓. lt��f�G1Zr� John . Wohlmuth, City Manager Resolution No. 2014-95 RIVERSIDE COUNTY � SHERIFF PALM DESERT STATION VEHICLE IMPOUND COST RECOVERY RELEASE (V.I.C.R) Re�btered oa.er(,): Le�a�o�.�er(:): �� File Number. Datt Towed:� Llcense Pl�te/VIN: Av.il.bl�for Relwe: Dacription: � � Authority: - 30 day lmpouad tor no CD4 Tow Company: The vehicle identified above,registered in your name,was stored/'unpounded pursuant to the provisions of the Califomia Vehicle Code by our agenry.In sccordance with California Vehick Code Section 22850.5 and Riverside Counry Resolution IK95-079,s fa in the amount of shown below musi be paid to the Riverside County SheriR's 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: Rivcrside County Sheriffs Department Palm Desert Station 73-705 G�rald Ford Dr.. Palm Desert,CA. 92211 CASH 7608361600 ONLY Hours: Monday- Friday 8:30 am-4:30 pm Fees are set by the city where the vehicle was towed from and were determined to be: 5140.00 On wakends,holidays or after hours the fa may be paid to the storage facility where the vehicle is stored, provid'mg aU license and registration information is valid. 'Fees are subject to change. Palm Dese�t Station 73-705 Gerald Ford Dr. Palm Desert,CA.9221 I 7608361600 � 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 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 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, Cafifornia, as follows: SECTION 1: Resolution No. 09-67 is hereby rescinded. 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 acauitted 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 tater 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 13'" day of November, 2014, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 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 Sheriff's 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 Position Conduct Investigations Deputy Field Sobriety Tests Deputy Document Scene/Evidence Deputy Prepare Vehicle Storage Reports Deputy Vehicle Search/lnspection Deputy Okay to book suspect from hospital Deputy Transport suspect to jail Deputy Admin. Paperwork Deputy Search Warrants Deputy BAC Evidence Collection, Processing Deputy Complete Police Report Deputy NCIC Entry Office Assistant Processing/Filing of report (court, DMV, Office Assistant Imaging) Notice of Stored Vehicle Mailing Office Assistant Review � Approve Police Report Sergeant or Corporal Conduct Tow Hearing Sergeant or Corporal 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-includins� benefits) TOTAL: $708.81 (DUINICR FEE=$705.00) Resolution No. 2014- 95 EXHIBIT B CALCULATION OF ACTUAL CITY COSTS FOR PROCESStNG 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 Sheriff's Department. The patrol rate for FY 13-14 established by the Sheriff's 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. 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-includins� benefitsl TOTAL: $168.29 (REVISED VICR FEE=$165.00)