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Home My WebLink About25189RESOLUTION NO. 25189 ' 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 or agents 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 the removal, impound, storage, or release of the vehicles; 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, on March 19, 2020, the City Council adopted Resolution 24733, in accordance with Section 11.82.070(b) and CVC 22850.5, updating the maximum authorized tow charges and the VTACR; 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 I amount of the VTACR fee; and Resolution No. 25189 Page 2 WHEREAS, the City Council now desires to take subsequent action to the March ' 19, 2020 Resolution (No. 24733), 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 ratified charges in the 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 fee schedule do not exceed the estimated actual and reasonable costs of providing the service for which a fee is charged. SECTION 3: VTACR Fee. 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 $345,016.16 per year. b. The City Council hereby reaffirms that the VTACR fee is to be charged and passed through to the registered owner or the agent of the registered owner of such vehicle. The VTACR fee is to be collected by official police tow services providers and remitted to the City of Palm Springs. SECTION 4. Tow and Storage Charges. a. 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 police tow services providers may charge up to the maximum rate, according to ' vehicle type. Hourly tow rates shall not be applied to vehicles towed from Resolution No. 25189 Page 3 VillageFest or other City -sponsored special event. ' b. On July 1, of each year, the Chief of Police may review the maximum tow and storage rates and determine if an adjustment upward or downward is warranted to reflect cost -of -live changes and to ensure that changing economic conditions do not impair the real value of the fees and charges established herein. 1 SECTION 5. 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. SECTION6 6. 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. 24773, 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 14TH DAY OF MARCH 2O24. ATTEST: Brenda Pre , City Clerk T Scott C. Stiles, City Manager Resolution No. 25189 Page 4 CERTIFICATION ' STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25189 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 14, 2024, by the following vote: AYES: Councilmembers Garner, Holstege, Middleton; Mayor Pro Tem deHarte; and Mayor Bernstein NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto $et my hand and affixed the official seal of the City of Palm Springs, California, this �I day of March 2024. z Z_� i � _/1 ( ��/ I - renda Pree, MMC, CERA, City Clerk I City of Palm Springs 1 1 Resolution No 25189 Page 5 Exhibit A Administrative Cost runce L.JCuanrIt' nL aaiaiv vCiaIt� Position / Title Hourly Rate Hours Cost Per Tow Officer S 128.55 1.00 S 128.55 Police Dispatch S 68.28 0.50 S 34.14 Police Captain 5 199.40 0.10 S 19.94 Records Technician S 73.56 0.25 S 18.39 Police Sergeant 5 152.14 0.10 S 15.21 Crime Analyst S 79.01 0.10 S 7.90 Police Department Personnel S 329.022.84 Program Administration Total Annual Cost Police Department Personnel $ 329,022.84 Procurement & Administration $ 3.097.89 Professional Services - Legal SI 8.000.00 Building (Maintenance $ 217.00 Materials $ 4,678.43 Total Administrative Costs $ 345.016. 16 VTACR Fee $ 235.02 Resolution No. 25189 Page 6 Exhibit B Fee Schedule TOWING SERVICES CHARGES HOURLY CLASS A' TOW TRUCK, CLASS B TOW TRUCK $285* ,CLASS,C'&D.TOWTRUCK I $385* ' STORAGE FEES DAILY .MOTORCYCLES.,. $80, . . . PASSENGER CARS $90 `TRUCKS I TRAILERS;20'''OR LESS _ 90 TRUCKS I TRAILERS I VEHICLES 20' TO 30' $95 TRUCKS 13RAILER9I VEHICLESW ABOVE _' VEHICLE TOWING ADMINISTRATIVE COST RECOVERY $235 'OTHER, RELATED-FEES ONETIME AFTER HOURS RELEASE / GATE FEE $100 SECONDARY / SUBSEQUENT TOW ESTABLISHED: TOW RATE *Hourly rates 1 1 1