HomeMy WebLinkAbout24733RESOLUTION NO. 24733
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING MAXIMUM
RATES THAT TOW SERVICE PROVIDERS CAN CHARGE,
AND AN ASSOCIATED VEHICLE TOWING
ADMINISTRATIVE COST RECOVERY FEE FOR THE PALM
SPRINGS POLICE DEPARTMENT.
WHEREAS, the City of Palm Springs Police Department ("Police Department")
impounds and tows numerous and various vehicles removed from highways, public
property, or private property in the city of Palm Springs during the normal course of duty;
and
WHEREAS, the Police Department tows and/or impounds vehicles pursuant to
authority under the California Vehicle Code; and
WHEREAS, the City of Palm Springs Municipal Code section 11.82.100
establishes a Vehicle Towing Administrative Cost Recovery (VTACR) fee, as authorized
by California Vehicle Code section 22850.5, that each tow company entering into an
agreement with the City of Palm Springs charges and passes through to owners of towed
vehicles; and
WHEREAS, the VTACR fee is based on the actual and reasonable costs to the
City, including administration and overhead, for administering official police tow services
providers' agreements and operating the vehicle towing program; and
WHEREAS, on July 18, 2018, the City Council adopted Resolution No. 24471
approving a fee schedule that set the maximum tow and storage rates official police tow
services providers can charge, and the associated VTACR fee for the Palm Springs
Police Department; and
WHEREAS, on June 5, 2019, the City Council adopted Ordinance No. 1991
amending City of Palm Springs Municipal Code section 11.82.070(b) to authorize the City
Council to set, and amend from time to time, the maximum tow rates as the City Council
determines in the best interests of the City; and
WHEREAS, the City of Palm Springs Municipal Code section 11.82.100(b), in
addition to maximum tow rates, authorizes the City Council, by resolution, to modify the
amount of the VTACR fee; and
WHEREAS, section 4.5 of the police tow services agreements currently in effect
provide that, pursuant to the City of Palm Springs Municipal Code section 11.82.100(b),
the City Council is authorized to establish a fee schedule provided under the agreements,
and that all such charges for police tow provider services "shall not exceed those charges
adopted by City Council July 18, 2018, or by subsequent action of the City Council;" and
Resolution No. 24733
Page 2
WHEREAS, the City Council now desires to take subsequent action to the July 18,
2018 Resolution (No. 24471), and consistent with Ordinance No. 1991, adopt maximum
tow and storage rates and a VTACR fee to ensure that the fees are reflective of the City's
current actual and reasonable administrative costs, are reasonably priced, and are in the
best interests of the public, as well as in the interest of efficient policing operations for the
removal of vehicles from public streets.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL HEREBY
FINDS AND DETERMINES THAT:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct
and are hereby incorporated herein by this reference as material findings in support of
this Resolution.
SECTION 2. Findings.
a. That City staff has completed an analysis of costs incurred from administering the
official police tow services providers' agreements and operating the vehicle towing
program.
b. There is a reasonable relationship between the revised charges in the modified fee
schedule and the estimated actual and reasonable cost of providing the type of service
for which a fee is imposed.
C. The fees in the modified fee schedule do not exceed the estimated actual and
reasonable costs of providing the service for which a fee is charged.
SECTION 3: Fees Imposed.
a. The City Council hereby adopts the VTACR fee of $235.00, which is based on the
total actual and reasonable administrative costs to the Police Department (the
"Administrative Cost"), as calculated in Exhibit A to be presently at $149,758.55
per year.
b. The City Council hereby reaffirms that the VTACR fee is to be charged and passed
through to the responsible vehicle owners and/or operators. The VTACR fee is to
be collected by official police tow services providers and remitted to the City of
Palm Springs.
C. The City Council hereby eliminates the annual administrative fixed fee imposed on
official police tow services providers.
d. The City Council hereby adopts the maximum tow and storage rates as shown in
Exhibit B (the "Fee Schedule"). In accordance with the Fee Schedule, official
Resolution No. 24733
Page 3
police tow services providers may charge up to the maximum rate, according to
vehicle type.
e. On July 1, of each year, the Chief of Police will review the Administrative Cost and
determine if an adjustment to the VTACR fee or maximum tow and storage rates
upward or downward is warranted to reflect cost -of -living changes and to ensure
that changing economic conditions do not impair the real value of the fees and
charges established herein.
SECTION 4. Severability. Each component of the fees and all portions of this
Resolution are severable. Should any individual component of the fee or other provision
of this Resolution be adjudged to be invalid, the remaining provisions shall be fully
effective, and the fee shall be fully effective except as to that portion that has been judged
to be invalid.
SECTION 5. Effective Date. The fees shall be effective upon 30 days after this
Resolution's adoption, which amends the VTACR fee and maximum tow and storage
rates established by Resolution No. 24471, and consequently all operative police tow
service agreements pursuant to section 4.5. of those agreements. The City Clerk is
authorized to incorporate said fees and charges into the Comprehensive Fee Schedule
upon their effective date.
ADOPTED THIS 19th DAY OF MARCH 2O20.
David H. Ready, City er
ATTEST:
hony J. M C
City Clerk
Resolution No. 24733
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS)
CERTIFICATION
ss.
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution
No. 24733 is a full, true and correct copy, and was duly adopted at a regular meeting of
the City Council of the City of Palm Springs on March 19, 2020, by the following vote:
AYES:
Councilmembers Garner,
Mayor Kors
NOES:
None
ABSENT:
None
ABSTAIN:
None
Anthony J. M�jia, MMC
City Clerk c�q zc,zb
Middleton, woods, Mayor Pro Tem Holstege, and
Resolution No. 24733
Page 5
Exhibit A
Administrative Cost
Police uwartment 5alary Details
Position / Title
Hourly Rate
Hours
Cost Per Tow
Officer
$
93.21
1.00
$
93.21
Police Dispatch
$
55.73
0.50
$
27.86
Police Lieutenant
$
221.76
0.10
$
22.18
Records Technician
$
61.37
0.50
$
30.68
Police Sergeant
$
124.44
0.20
$
24.89
Crime Analyst
$
66.90
0.20
$
13.38
Police Department Personnel
$
135,174.56
Program Administration
Total Annual Cost
Police Department Personnel
$
135,174.56
Procurement & Administration
$
2,702.06
Professional Services - Legal
$
6,000.00
Building Maintenance
$
1,236.44
Materials
$
4,645.49
Total Administrative Costs
$
149, 758.55
VTACR Fee
$
235.10
Resolution No. 24733
Page 6
Exhibit B
Fee Schedule
TOWING SERVICES CHARGES
FLAT RATE
CLASS A TOW TRUCK
$168
CLASS B TOW TRUCK
$200
CLASS C & D TOW TRUCK
$225
STORAGE FEES
DAILY
MOTORCYCLES
$40
PASSENGER CARS
$56
TRUCKS TRAILERS VEHICLES 20' OR LESS
$65
TRUCKS TRAILERS VEHICLES 30' ABOVE
$75
VEHICLE TOWING ADMINISTRATIVE COST RECOVERY
$235