AUGUST 2, 2005 CONSIDERATION OF A RESOLUTION THAT WILL ESTABLISH AN ADMINISTRATIVE FEE TO REIMBURSE THE CITY FOR THE COSTS IT INCURS IN HAVING VEHICLES REMOVED, IMPOUNDED OR STORED AUGUST 2, 2005 CONSIDERATION OF A RESOLUTION THAT WILL ESTABLISH AN ADMINISTRATIVE FEE TO REIMBURSE THE CITY FOR THE COSTS IT INCURS IN HAVING VEHICLES REMOVED, IMPOUNDED OR STORED

TO: MAYOR CLARK AND MEMBERS OF THE CITY COUNCIL

FROM: CITY ATTORNEY

DATE: AUGUST 2, 2005

SUBJECT: CONSIDERATION OF A RESOLUTION THAT WILL ESTABLISH AN ADMINISTRATIVE FEE TO REIMBURSE THE CITY FOR THE COSTS IT INCURS IN HAVING VEHICLES REMOVED, IMPOUNDED OR STORED

RECOMMENDATION:

1) Conduct the public hearing and 2) ADOPT RESOLUTION NO. 2005- __, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A FEE TO REIMBURSE THE CITY FOR THE COSTS INCURRED IN CONNECTION WITH THE REMOVAL, IMPOUNDMENT AND STORAGE OF VEHICLES

BACKGROUND:

On July 5, 2005, the City Council introduced an ordinance that will allow the City to recover from registered owners of vehicles the costs that are incurred by the City in connection with having vehicles towed from a location and then impounded or stored. Second reading and adoption of the ordinance occurred earlier this evening. Adoption of the attached resolution will impose the administrative fee that is authorized by the ordinance to reimburse the City for the administrative costs that the City incurs when vehicles are towed and impounded.

DISCUSSION:

Section 22850.5 of the California Vehicle Code authorizes cities to charge administrative fees to the registered owners of vehicles that are towed or impounded to offset the costs that are incurred by the city in taking those actions. Tonight, the City Council will conduct the public hearing regarding the proposed fee that will be established pursuant to the Ordinance.

Like other fees that are charged by the City, the City cannot charge a fee that is greater than the cost that the City actually incurs in having a vehicle towed. Essentially, the cost incurred by the City is the charge that is billed to the City by the Sheriff’s Department for the time that the Sheriff’s Department typically spends in arranging for a vehicle to be towed or impounded.

Lt. Herrera of the Los Angeles County Sheriff’s Department has provided to the Cit y Clerk an itemized list of the time that typically is spent by the Sheriff’s Department on behalf of the City when a vehicle is impounded or stored and the corresponding cost to the City for the expenditure of that time. The time that typically is spent and the corresponding costs are:

Deputy: 1.5 hours @ $41.09 per hour= $61.64

Secretary: .5 hour @ $18.67 per hour =$ 9.34

Sergeant: .25 hour @ $48.85 per hour= $12.21

Thus, the average total cost to the City to have a vehicle impounded is $83.19. Because the City cannot charge a fee that is greater than the amount that the City incurs in providing the service, Staff recommends that the City Council adopt a fee in the amount of $80.00 to reimburse the City for the cost that the City incurs in having vehicles towed and impounded.

CONCLUSION:

If the City Council concurs with Staff’s recommendation, the City Council should adopt the attached resolution, which will establish this fee and amend the City’s fee resolution.

Respectfully Submitted,

Carol Lynch

City Attorney

Reviewed by,

Les Evans

City Manager

Attachment: Resolution

RESOLUTION NO. 2005-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A FEE TO REIMBURSE THE CITY FOR THE COSTS THAT THE CITY INCURS IN CONNECTION WITH TOWING AND IMPOUNDING VEHICLES.

WHEREAS, on July 5, 2005, the City Council introduced Ordinance No. 423, which provided the authority for the City to establish a fee to reimburse the City for the costs that the City incurs in connection with towing and impounding vehicles; and

WHEREAS, on August 2, 2005, the City Council adopted Ordinance No. 423; and

WHEREAS, on August 2, 2005, the City Council conducted a duly noticed public hearing to review the matter of establishing a service fee to reimburse the City for the cost of towing and impounding vehicles.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

Section 1: Based on information that was provided by the Los Angeles County Sheriff’s Department, staff prepared a report for review by the City Council. The staff report demonstrates that the average cost incurred by the Sheriff’s Department on the to tow and impound a vehicle within the City of Rancho Palos Verdes ("City"), which then will be passed on to the City, is $83.19.

Section 2: State law precludes the City from charging a fee that exceeds the cost of providing a service; accordingly, based on the information that was provided by the Sheriff’s Department, the staff report recommends that a service fee in the amount of $80.00 be imposed so that the City will recover the majority of the costs that it incurs when vehicles in the City are towed and impounded.

Section 3: Based on the information that was provided by the Los Angeles County Sheriff’s Department, which is set forth in the staff report that was considered by the City Council, and the authority to establish the fee provided by Section 22850.5 of the California Vehicle Code and Section 10.08.030 of the Rancho Palos Verdes Municipal Code, the City Council hereby establishes a service fee in the amount of $80.00 to be charged only to the registered owner (or the agent of the registered owner) of any vehicle that is towed or impounded in the City.

Section 4: Based on information that was provided by the Los Angeles County Sheriff’s Department and the staff report that was prepared regarding this matter, the City Council hereby finds that the foregoing service fee does not exceed the actual and reasonable costs incurred by the City of having a vehicle towed and impounded.

Section 5: Resolution 2005-16, which establishes fees that are collected by the City for services that the City provides, is hereby amended to add the fee that is adopted by this resolution.

Section 6: The fee that is adopted by this resolution will not become effective and shall not be charged until Ordinance No. 423 becomes effective.

PASSED, APPROVED, AND ADOPTED this 2nd day of August 2005.

______________________________

Mayor

ATTEST:

____________________
City Clerk

State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )

I, __________________, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on August 2, 2005.

_________________________________

City Clerk