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HomeMy WebLinkAboutCC Reso 2015-01 RESOLUTION NO. 2015-01 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ESTABLISHING THE AMOUNT OF VEHICLE IMPOUND COST RECOVERY (VICR) FEES WHEREAS, the Cathedral City Police Department impounds and/or stores numerous and various vehicles from highways, public property, or private property, in the City of Cathedral City during the normal course of duty; and WHEREAS, the Cathedral City Police Department impounds and/or stores vehicles pursuant to its authority under the California Vehicle Code Sections 22650 through 22669; and Sections 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, Resolution No. 2005-78 adopted a Comprehensive User Fee Study establishing the Vehicle Impound Cost Recovery Fee on October 12, 2005; and WHEREAS, Resolution No. 2005-78 imposes various fees related to the release of impounded vehicles; and WHEREAS, the City Council of the City of Cathedral City now desires to revise the amount of a Vehicle Impound Cost Recovery (VICR)Fee and add a DUI/Traffic Collision Vehicle Impound Cost Recovery Fee; and WHEREAS, the calculations of actual cost to City for processing DUI/Traffic Collision Vehicle Impound program, the Vehicle Impound program, and the City's Finance Division are set forth in Exhibit A attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY AS FOLLOWS: Section 1. DRIVING UNDER THE INFLUENCE COST RECOVERY FEE That when a vehicle is impounded as a result of a collision involving a driver who is determined to have been driving under the influence of alcohol or drugs, the administrative fee for the recovery of the culpable driver's vehicle shall be $550.00. Section 2. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence or word of this resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining 1 provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. Section 3. EFFECTIVE DATE This resolution shall take effect upon adoption. The foregoing Resolution was approved by a majority of the City Council and adopted at a meeting of the City Council held on January 12, 2015, by the following vote: Ayes: C bun C i I vvy nrnl7nrs 4xvicln, Came\/ale, cAnck A3LA k la l(;litA∎lc•P►b lei conJ 1\4c4 Noes: pr Abstain: Of Absent: 0 'tan Henry Mayor ATTEST: 4k/hi. Gary"owell VFI City Clerk APPROVED AS TO FORM: 0,10ek Charles Green City Attorney P:WPPS\WPDATA\CATH\0001\DOC\2937 - DUI Fee Reso (11.30.14).doc 2 EXHIBIT A CALCULATION OF ACTUAL COST TO CITY FOR PROCESSING A DUINEHICLE IMPOUND PROGRAM AND ESTABLISHING THE AMOUNT OF THE DUINEHICLE IMPOUND COST RECOVERY FEE The fully burdened employee rates for Fiscal Year 14-15 established by the City of Cathedral City are set forth in the chart below. These figures include salary, fringe benefits, insurance and numerous support systems. The City of Cathedral City estimates that the average time spent by officers and support staff when impounding or storing nuisance vehicles is a minimum of 5.55 hours. This undertaking involves the following typical sequence of events: TASK POSITION Personnel Duties Time Spent Fully Total Expense Burdened Incurred Rate Police Officer Conduct 4.5 Hours $101 $454.50 Investigation (Field Sobriety Tests, Scene documentation, report preparation). Police Office NCIC Entry, .25 hours $67 $16.75 Assistant Notice of Stored Vehicle Mailings, Report Processing (court, DMV, imaging and filing). Sergeant/Superviso Review and .50 hours $128 $64 r Approve Report. City Accounting Administrative .30 hours $51 $15.30 Technician processing $550.55 All Vehicle Impound Cost Recovery (VICR) payments will be initially collected by Police Department staff then forwarded to the City for processing. TOTAL: New DUINICR fee = $550.00 3