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CC Resolution 2014-065 Vehicle Cost Impound FeeRESOLUTION NO. 2014 - 065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA. INCREASING THE VEHICLE IMPOUND COST RECOVERY FEE WHEREAS, the Riverside County Sheriff's Department ("RCSD"), acting as the La Quinta Police Department, impounds or stores numerous and various vehicles from highways, public property, or private property, in the City of La Quinta ("City") during the normal course of duty; and WHEREAS, the RCSD, acting as the La Quinta Police Department, impounds or stores vehicles pursuant to its authority under the California Vehicle Code sections 22650 through 22669; and WHEREAS, Vehicle Code Section 22850.5 authorizes cities by ordinance or resolution to establish an administrative charge relating to the removal, impound, storage, or release of vehicles; and WHEREAS, stolen and embezzled vehicle victims should be exempt from service fees for impoundment and release of stolen vehicles; and . WHEREAS, situations may arise that warrant the exercise of prudent discretion to forego or excuse the proposed service fee; and WHEREAS, ClearSource Financial Consulting has prepared the report titled "Cost of Service Analysis for Vehicle Impound Cost Recovery Fee" dated September 2014, that includes a calculation of the estimated administrative costs to the City relating to the removal, impound, storage, or release of vehicles; and WHEREAS, the City Council hereby finds that the report prepared by ClearSource Financial Consulting provides adequate evidence to conclude that the proposed vehicle impound cost recovery fee does not exceed the estimated reasonable cost to provide the corresponding services and that the manner in which the costs are allocated to a payor bear a fair and reasonable relationship to the payor's burdens on, or benefits received from the vehicle removal, impound, storage, or release activities and services provided by the City; and WHEREAS, the administrative cost to the City for vehicle removal, impound, storage, or vehicle release has increased, necessitating an increase in the administrative charge from one hundred and twenty-four dollars ($124) to one hundred and ninety-five dollars ($195). Resolution No. 2014-065 Vehicle Impound Fee Adopted: November 18, 2014 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Pursuant to Vehicle Code Section 22850.5, the administrative fee for the recovery of impounded vehicles shall be increased from one hundred and twenty-four dollars ($124) to one hundred and ninety-five dollars ($195) and shall be effective upon adoption of this Resolution. SECTION 2. The victims of stolen or embezzled vehicles shall be exempt from this administrative fee when their vehicles are released from impound. SECTION 3. RCSD, acting as the La Quinta Police Department may, in the exercise of its discretion, forego or excuse this administrative fee when deemed appropriate by the Chief. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of November 2014 by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None AmJ&L.2 DON AD PH, K&yor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) Resolution No. 2014-065 Vehicle Impound Fee Adopted: November 18, 2014 Page 3 APPROVED AS TO FORM: WILLIAM H. IRHKE, City Attorney City of La Quinta, California