CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
1989
To: Honorable Mayor and Council Members
FROM: Virgil Asuncion, Chief of Police Services
DATE: April 19, 2022
SUBJECT: Adoption of Resolution No. 2022-1382, Approving a Revised Administrative Fee for Vehicle Removal, Impound, Storage or Release by the Orange County Sheriff's Department for the Traffic Violators Apprehension Program (TVAP) and Making a Determination of Exemption under CEQA in connection therewith
RECOMMENDATION
Staff recommends the City Council approve Resolution No. 2022-1382, Approving a Revised Administrative Fee for Vehicle Removal, Impound, Storage or Release by the Orange County Sheriff's Department for the Traffic Violators Apprehension Program (TVAP).
BACKGROUND
Since 2000, the Orange County Sheriff's Department has operated the Traffic Violator Apprehension Program (TVAP). The program is designed to educate the public on safety issues regarding driver licensing, vehicle registration, vehicle operation, and parking pursuant to the California Vehicle Code. The objective of TVAP is to reduce the number of fatal and injury traffic collisions, reduce the number of hit and run collisions, and reduce the number of nighttime fatal and injury collisions.
On August 1, 2000, the City adopted Resolution No. 2000-608, authorizing the City's participation in the TVAP and proposed fees. Initially, the program was a grant-funded project through the California Office of Traffic Safety (OTS). The grant funding started on June 1, 2000 and ended on June 30, 2002. After the grant expired, continued funding came from administrative tow fees collected by OCSD, which have not been formally adjusted by resolution since March of 2000.
ANALYSIS
A cost study was recently prepared by Sheriff's Department to determine the actual current administrative costs associated with the removal, impound, storage or release of vehicles. When the program was established in 2000, there was a difference in administrative costs to process the removal of a vehicle (unlicensed or suspended license of driver) as compared with other legal bases to remove vehicles. That cost differential 2 no longer exists due to advancements in technology for determining licensing status. On November 11, 2020, the Orange County Board of Supervisors adopted revised administrative fees by resolution (Attachment B).
Accordingly, the fees now proposed following the Sheriff's 2020 cost study is the same regardless of the legal basis for removal, impound, storage, and release of a vehicle. The cost study indicated that the fee should be revised, as noted in the table below, to reflect the current administrative cost for these services. Attachment A to this report updates the TVAP fees to reflect current administrative costs for these services. The updated fees seek to have the individual whose vehicle is impounded bear the administrative costs of processing such impoundments instead of the public as a whole.
Current Proposed
Categories of Towed Vehicles Cost Cost
Vehicle removal due to driving without a license or with $152 $144 a suspended or revoked license.
Vehicle removal pursuant to other specific Vehicle Code $50 $144 violations.
The increasing tow fees would be to those individuals violating more severe violations and not due to a victim of an accident or an individual that needed assistance to tow their vehicle to an automobile garage. Moreover, the Sheriff's Department does not impose any additional costs for any person who wishes to request an appeal or hearing for their towed vehicle.
The TVAP supports Goal #1 Public Safety and Goal #2 Fiscal Sustainability of the City's Strategic Plan.
ALTERNATIVES CONSIDERED
The City Council may decide not to approve the resolution on the revised administrative fees for the OCSD removal, impound, and storage or release of vehicles. This alternative is not recommended as expenses exceed the current costs.
FISCAL REVIEW
Approval of the revised fees will allow the Sheriff's Department to fully recover the costs for the removal, impound, storage or release of vehicles. In FY 2020-2021, Laguna Niguel's TVAP fund was $34,320 in operating costs. Current TVAP fees generated $20,868 in fees, leaving the Sheriff's Department to cover the remainder of the costs at $13,452. These costs affect future contracts between the City and the Sheriff's Department. An estimated $50,000 in fees would have been collected if the proposed fee schedule had been in place, creating a surplus of approximately $16,000.
Any excess money in the City's TVAP fund may be used to reimburse the City for purchases that support TVAP. These purchases may be used for equipment and supplies that help reduce vehicle accidents and educate the public regarding the requirements of the Vehicle Code and safety-related issues regarding driver licensing vehicle registration, vehicle operation, and vehicle parking.
3 CALIFORNIA ENVIRONMENTAL QUALITY ACT
City staff has determined that the revised fees to be adopted by Resolution No, 2022- 1382 are statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and State CEQA Guidelines Section 15273 because they involve the modification of a rate, fee or charge imposed on the public for purposes of meeting operating expenses of the City.
LEGAL REVIEW
The City Attorney has reviewed and approved this report and resolution as to form.
CONCLUSION
Staff recommends the City Council approve Resolution No. 2022-1382, Approving a Revised Administrative Fee for Vehicle Removal, Impound, Storage or Release by the Orange County Sheriff's Department for the Traffic Violators Apprehension Program (TVAP).
I Heel Jamas tonneau
irgil Asuncion Tamara S. Letourneau
Chief of Police Services City Manager
SCT. HarvELL oN BEMALf aF
CAPTAN ASUNCION
Never I Emis Kein X. OCamon
Kevin G. Ennis Kevin X. O'Connor
City Attorney Management Assistant
Tric Pendricha
Eric Hendrickson
Finance Director
Attachments:
A. Resolution Number 2022-1382 Traffic Violator Apprehension Program Fees В. OC Board of Supervisors TVAP Report
ATTACHMENT A
Resolution No. 2022-1832 Traffic Violator Apprehension Program Fees RESOLUTION NO. 2022-1382
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
AUTHORIZING A NEW ADMINISTRATIVE FEE FOR THE
ORANGE COUNTY SHERIFF'S DEPARTMENT'S
REMOVAL, IMPOUND, STORAGE OR RELEASE OF VEHICLES
AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA
IN CONNECTION THEREWITH
WHEREAS, the Orange County Sheriff-Coroner Department (hereinafter "the Sheriff") has instituted a Traffic Violator Apprehension Program designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and vehicle parking; and
WHEREAS, the Sheriff impounds numerous and various vehicles removed from highways, public property, or private property in the City of Laguna Niguel during the normal course of duty; and
WHEREAS, effective August 1, 2000, the City authorized a Schedule of Fees for administrative related costs from traffic violators; and WHEREAS, effective August 1, 2000, a fee of $152.00 shall be charged for each impound of a vehicle in accordance with, or on account of a violation of, CVC section 14602.6, which relates to the licensing status of the driver and a fee of $50.00 for each impound of a vehicle in accordance with, or on account of a violation of, any of the following CVC sections:
22651(a) Unattended vehicle on bridge
22651(d) Vehicle blocking driveway
22651(e) Vehicle blocking fire hydrant
22651(f) Vehicle blocking freeway
22651(h)(1) Driver arrested
22651(i)(1) Multiple parking citations
22651(j) Lack of vehicle registration
22651(k) Parking over seventy-two hours
22651(I) Parking in a construction zone
22651(m) Violation of special events restriction
22651(n) No parking zone
22651(o)(1) Vehicle registration is incorrect, falsified or expired by more than six months
22651(p) Driver unlicensed or license suspended
22651(г) Vehicle blocking another vehicle
22651(t) Notice to appear/illegal amber lights
22655.3 Removal for investigation (fleeing in violation of section 2800.1 or 2800.2)
22655.5(b) Vehicle is evidence of crime
22669 Abandoned vehicle;
WHEREAS, on November 17, 2020, the Orange County Board of Supervisors approved an increase in the administrative fee for vehicle removal, impound, storage or release of vehicles from $50.00 to $144 for vehicle removal pursuant to specific Vehicle Code violations listed in the prior recital and a decrease from $152.00 to $144.00 for vehicle removal due to driving without a license or with a suspended or revoked license; and
WHEREAS, the City Council did, on the 1g*h day of April 2022, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Council considered all additional factors relating to the proposed fee schedule; and
WHEREAS, it is the desire of the City Council to set reasonable administrative fees for traffic violators; and
WHEREAS, cities are authorized to charge fees which do not exceed the estimated reasonable cost of providing the services for which the fee is charged; and WHEREAS, based on the cost study prepared by the County of Orange in connection with the proposed fees, the amount of the fees to be charged for this service do not exceed the City's cost of providing that service; and WHEREAS, City staff has determined that the revised fees to be adopted by this Resolution are statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and State CEQA Guidelines Section 15273 because they involve the modification of a rate, fee or charge imposed on the public for purposes of meeting operating expenses of the City.
NOW, THEREFORE, the City Council of the City of Laguna Niguel does hereby resolve, order, and determine as follows:
Section 1. The adoption of this Resolution and the approval of the modified fees imposed herein are statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and State CEQA Guidelines Section 15273 because they involve the modification of a rate, fee or charge imposed on the public for purposes of meeting operating expenses of the City.
Section 2. The City Council finds that the fee amount to be imposed by this Resolution is based on a fee study prepared by the County of Orange which shows that the amount of the fee does not exceed the City's reasonable cost of providing towing services in connection with violations of the California Vehicle Code.
Section 3. Effective July 1, 2021, an administrative fee of $144.00 shall be charged for each vehicle impound, removal, storage, or release of vehicle property impounded after removal from locations in the City of Laguna Niguel in accordance with, or due to a violation of the provisions of the CVC sections listed below:
14602.6 Driving without a license or with a suspended/revoked license 22651(a) Unattended vehicle on bridge
22651(d) Vehicle blocking driveway
22651(e) Vehicle blocking fire hydrant
22651(f) Vehicle blocking freeway
22651(h)(1) Driver arrested
22651(i)(1) Order of suspension or revocation in effect 22651(j) Lack of vehicle registration
22651(k) Parking for over 72 hours
22651(I) Parking in a construction zone
22651(m) Violation of special event restriction
22651(n) No parking zone
22651(o)(1) Delinquent vehicle registration
22651(p) Driver unlicensed or license suspended
22651(r) Vehicle blocking another vehicle
22651(t) Notice to appear/illegal amber lights
22655.3 Removal for investigation
22655.5(b) Vehicle is evidence of a crime
22669 Abandoned vehicle
Section 4. Resolution No. 2000-608 is hereby superseded by this Resolution and shall have no further force and effect on the effective date of this resolution.
PASSED, APPROVED AND ADOPTED this 19th day of April, 2022.
Elaine Gennawey, Mayor
ATTEST:
Thy Merritt
Deputy City Clerk
ATTACHMENT B
Orange County Board of Supervisors
TVAP Report
Agenda Item
AGENDA STAFF REPORT
ASR Control 19-001271
CRUFORA
MEETING DATE: 11/17/20
LEGAL ENTITY TAKING ACTION: Board of Supervisors
BOARD OF SUPERVISORS DISTRICTS): All Districts
SUBMITTING AGENCY/DEPARTMENT: Sheriff-Coroner (Approved) DEPARTMENT CONTACT PERSON(S): Brian Wayt (714) 647-1803 Noma Crook (714) 834-6681
SUBJECT: Approve New Administrative Fee for Vehicle Removal, Impound, Storage or Release
CEO CONCUR COUNTY COUNSEL REVIEW CLERK OF THE BOARD
Pending Review Approved Resolution to Form Public Hearing 3 Votes Board Majority
Budgeted: Yes Current Year Cost: N/A Annual Cost:
See Financial Impact Section
Staffing Impact: No # of Positions: Sole Source: N/A
Current Fiscal Year Revenue: $113,690
Funding Source: Other: 100% (Fees) County Audit in last 3 years: No Prior Board Action: 3/28/2000 #38
RECOMMENDED ACTION(S):
1. Find that the proposed fee is Statutorily Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 21080(b)(8) of the Public Resources Code and Section 157273 of the CEOA Guidelines as the establishment of modification of rates, fees and charges, which are for the purpose of meeting operating expenses, including employee wage rates and fringe benefits, purchasing or leasing supplies, equipment or materials as set forth herein.
2. Conduct the public hearing.
3. Adopt a Resolution that:
a. Finds that adoption of the Resolution approving the fee is statutorily exempt from the provisions of the California Environmental Quality Act pursuant to Section 21080(b)(8) of the Public Resources Code and Section 15273 of the CEO Guidelines as the establishment or modification of rates, fees and charges which are for the purpose of meeting operating expenses, including craplayes wage rates and fringe benchis, and purchasing or teasing supplies, equipment or
b. Finds that the fee meet the requirements set forth in subdivision (e)(2) to Section 1 of Article XIIIC of the California Constitution, and is therefore exempt from the definition of a tax as used therein.
Finds that the revenue resulting from the fee established pursuant to this Resolution will not exceed the Sheriff-Coroner Department's reasonable cost for vehicle removal, impound, storage or release.
d. Approves the proposed new administrative fee for the Sheriff-Coroner Department's removal, impound, storage or release of vehicles, from $50 to $144, and from $152 to $144, effective November 17, 2020, and superseding Resolution No. 00-96.
SUMMARY:
Approval of the new fee will allow the Sheriff-Coroner Department to fully recover the costs for the removal, impound, storage or release of vehicles.
BACKGROUND INFORMATION:
California Vehicle Code, Section 22850.5 authorizes the Board of Supervisors (Board) to establish a fee based on the administrative costs of removal, impound, storage or release of impounded vehicles.
Following a Sheriff-Coroner Department (Sheriff) cost study in 2000, on March 28, 2000, the Board adopted Resolution No. 00-96 establishing a $50 fee for a vehicle impound pursuant to specific Vehicle Code violations and a $152 fee for a vehicle impound due to driving without a license or with a suspended or revoked license to be charged for the removal, impound, storage or release of vehicles. By the same resolution, the Board also approved the establishment of Fund 13B, Traffic Violator Fund.
A cost study was recently prepared by Sheriff's staff to determine the actual current administrative costs associated with the removal, impound, storage or release of vehicles. While in 2000 there was a difference in administrative costs to process the removal of a vehicle based on Vehicle Code 14602 (unlicensed or suspended license of driver) as compared with other legal bases to remove vehicles, that cost differential no longer exists due to advancements in technology for determining licensing status. Accordingly, the fee now proposed following the Sheriff's 2020 cost study is the same regardless of the legal basis for removal, impound, storage and release of a vehicle. The cost study indicated that the fee should be revised as noted on the table below in order to reflect the current administrative cost for these services.
Service Current Cost Proposed Cost
Vehicle removal due to driving without a license or with a $152 $144 uspended or revoked licens
Tehicle removal pursuant to other specific Vehicle Cod $50 $144 violations
Note that Sheriff does not impose any additional costs for any persons who wish to request an appeal or hearing.
A Notice of Public Hearing has been published to comply with Government Code Section 66018 which requires a local agency to hold a public hearing when new fees are adopted or existing fees are revised. The proposed fee and supporting cost study were reviewed by the Auditor-Controller.
Compliance with Proposition 26: The fee does not fall within the definition of a "tax" under Proposition 26 because it is excepted by California Constitution Article XIIIC, Section 1, Subdivision (e)(2).
Subdivision (e)(2) excepts from the definition of a tax, "a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product." This exception applies because the fee amount is limited to no more than what is necessary for Sheriff to recover the reasonable administrative costs for the removal, impound, storage or release of vehicles.
Compliance with CEQA: The adoption of the Resolution approving the fee is statutorily exempt from the provisions of the California Environmental Quality Act pursuant to Section 21080(b)(8) of the Public Resources Code and Section 15273 of the CEQA Guidelines as the establishment or modification of rates, fees and charges which are for the purpose of meeting operating expenses, including employee wage rates and fringe benefits and purchasing or leasing supplies, equipment or materials.
Sheriff now requests approval of a new administrative fee for the removal, impound, storage or release of vehicles for Fund 13B, Traffic Violator Fund, effective November 17, 2020.
FINANCIAL IMPACT:
The proposed new fee will result in full cost recovery of the costs of the removal, impound, storage or release of vehicles. This revenue will be included in the FY 2020-21 Budget for Budget Control 060, Sheriff-Coroner and will also be part of the budgeting process for future fiscal years.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Draft Resolution
Attachment B - California Vehicle Code, Section 22850.5 Attachment C - California Vehicle Code, Section 14602
Attachment D - Government Code Section 66018
Attachment E - California Constitution Article XIIIC, Section 1 Attachment F - Fee Checklist and Cost Study
Attachment G - Notice of Public Hearing
Attachment A - Draft Resolution Page 1 of 7
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
November 17, 2020
WHEREAS, the Sheriff-Coroner (hereinafter "the Sheriff") has instituted a Traffic Violator Apprehension Program designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and vehicle parking; and WHEREAS, the Sheriff operates said Traffic Violator Apprehension Program in the unincorporated areas of Orange County and in the cities of Orange County that contract for the Sheriff's law enforcement services; and
WHEREAS, the operation of the Traffic Violator Apprehension Program on an area-wide basis without regard to jurisdictional boundaries between the County and the cities, services the public purposes of the County of Orange because drivers routinely cross jurisdictional boundaries, making an area-wide approach to reduction of traffic accidents and driver education most effective in preventing traffic accidents in all participating jurisdictions; and WHEREAS, the Sheriff impounds numerous and various vehicles removed from highways, public property, or private property in the unincorporated areas of Orange County and in cities that contract for the Sheriffs law enforcement services during the normal course of duty; and
WHEREAS, the Sheriff impounds said vehicles pursuant the authority under the California Vehicle Code as follows:
Vehicle Code Section and Impound Ground
14602.6 Suspended, revoked or unlicensed driver/30-day hold 22651 (a) Unattended vehicle on bridge
22651 (d) Vehicle blocking driveway
22651 (e) Vehicle blocking fire hydrant
Resolution No. , Item No.
Removal, Impound, Storage or Release of Vehicles
Attachment A - Draft Resolution Page 2 of 7
22651 (f) Vehicle blocking freeway
22651 (h) (1) Driver arrested
22651 (h) (2) Order of suspension or revocation pursuant to section 13388 22651 (i) (1) Multiple parking citations
22651 (i) Lack of vehicle registration
22651 (k) Parking over seventy-two hours
22651 (1) Parking in a construction zone
22651 (m) Violation of special events restriction
22651 (n) No parking zone
22651 (o) (1) Vehicle registration is incorrect, falsified or expired by more than six months
22651 (p) Driver unlicensed or license suspended
22651 (r) Vehicle blocking another vehicle
22651 (t) Notice to appear/illegal amber lights
22651 (u) Acting as a car dealer without a license or temporary permit 22651 (V) Illegally letting stand a mobile billboard advertisement 22651 (W) Second or subsequent violation of an ordinance 22655.3 Removal for investigation (fleeing in violation of section 2800.1 or 2800.2)
22655.5 (a) Vehicle was used as the means of committing a public offense 22655.5 (b) Vehicle is evidence of crime
22669 Abandoned vehicle;
WHEREAS, Vehicle Code section 22850.5 authorizes this Board, by resolution, to establish a fee equal to the administrative costs relating to the removal, impound, storage or release of properly impounded vehicles; and
WHEREAS, this Board last adopted a fee pursuant to Vehicle Code section 22850.5 on March 28, 2000, through the adoption of Resolution No. 00-96, which established a fee in the Resolution No. , Item No.
Removal, Impound, Storage or Release of Vehicles
Attachment A - Draft Resolution Page 3 of 7
amount of $50.00 when a vehicle of a licensed driver is removed and/or impounded, and a fee of $152.00 when a vehicle of an unlicensed driver is removed and/or impounded; and WHEREAS, because 20 years have passed since this fee was last established, the Sheriff deemed it appropriate to review the administrative costs associated with removal, impound, storage or release of properly impounded vehicles; and
WHEREAS, a cost study prepared in 2020 by the Sheriff determined that due to technological advancements for determining the licensed status of drivers, the differential in the fee charged a licensed driver versus the fee charged an unlicensed driver when a vehicle is removed, as originally set in 2000, is no longer supported by the actual administrative costs of removing, impounding, storing and releasing a vehicle; and WHEREAS, the 2020 cost study conducted by the Sheriff further showed that the administrative costs relating to the removal, impound, storage or release of vehicles properly impounded pursuant to the Vehicle Code are at $144.00 per removal; and WHEREAS, based upon the cost study, the Sheriff is proposing adoption of a fee in the amount of $144.00 pursuant to Vehicle Code section 22850.5.
WHEREAS, after the adoption of this amended fee, the Sheriff will seek adoption by the city councils of each of the cities that contract with the Sheriff for law enforcement services of fee identical to those described herein; and
WHEREAS, persons whose vehicles are impounded, rather than the public as a whole, should bear the administrative costs of processing such impounds; and WHEREAS, Vehicle Code section 22850.5 imposes the following restrictions on the imposition of an administrative fee:
(a) The fee may only be imposed on the registered owner or the agents of that owner and may not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive, of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder's total charges and proper administrative costs; and Resolution No. , Item No.
Removal, Impound, Storage or Release of Vehicles
Attachment A - Draft Resolution Page 4 of 7
(b) Any charges shall be collected by the local or state authority only from the registered owner or an agent of the registered owner; and
(c) The charges shall be in addition to any other charges authorized or imposed pursuant to this code; and
(d) The fee does not include any administrative costs associated with conducting a hearing or appeal relating to the removal impound, storage or release of a vehicle and; WHEREAS, it is unfair to impose the administrative fee authorized by Vehicle Code section 22850.5 in the following circumstances: 1) when the vehicle was left because it became inoperable while being drive, if the owner makes good faith attempts promptly to remove the vehicle from location where it is not permitted, 2) when the vehicle was stolen, 3) when the vehicle was left by an ill or injured driver, and 4) when it is demonstrated to the satisfaction of the Sheriff or his designee that neither the registered owner of the vehicle nor his agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle; and WHEREAS, a notice of public hearing with respect to proposed new fee was given according to law; and
WHEREAS, a public hearing pertaining to said proposed new fee was held on November 17, 2020;
NOW, THEREFORE, BE IT RESOLVED that this Board finds, in accordance with California Public Resources Code section 21080 (b) (8), that the charges listed hereinbelow are only for the purposes of meeting operating expenses and are, therefore, exempt from compliance with the California Environmental Quality Act.
BE IT FURTHER RESOLVED that on November 17, 2020, the administrative fee indicated below shall become effective for the removal, impound, storage or release of vehicles properly impounded after removal from locations in the unincorporated areas of Orange County and the cities that contract with the Sheriff for law enforcement services, where the respective City Council has adopted the new fee, in accordance with or on account of violation of the provisions of the Vehicle Code listed below:
Resolution No. , Item No.
Removal, Impound, Storage or Release of Vehicles
Attachment A - Draft Resolution Page 5 of 7
A fee of $144.00 for each removal of a vehicle in accordance with or on account of violation of Vehicle Code sections: 14602.6
22651 (a)
22651 (d)
22651 (e)
22651 (f)
•
22651 (h) (1)
22651 (h) (2)
22651 (i) (1)
22651 (i)
22651 (k)
22651 (1)
22651 (m)
22651 (n)
22651 (o)(1)
22651 (p)
22651 (r)
22651 (t)
22651 (u)
22651 (v)
22651 (W)
22655.3
22655.5 (a) or (b)
or
22669
BE IT FURTHER RESOLVED that the Sheriff is directed to collect said fee at the time of release of vehicles that are subject to the fee; and Resolution No. , Item No.
Removal, Impound, Storage or Release of Vehicles
Attachment A - Draft Resolution Page 6 of 7
BE IT FURTHER RESOLVED that said fee shall only be imposed on the registered owner or the agent of the owner of the impounded vehicle, shall not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder's total charges and proper administrative costs.
BEIT FURTHER RESOLVED that said fee shall be collected by the local or state authority only from the registered owner or an agent of the registered owner and that said fee is in addition to any other charges authorized or imposed pursuant to the Vehicle Code.
BE IT FURTHER RESOLVED that the cost study conducted by the Sheriff that supports this fee did not include administrative costs for conducting a hearing or appeal relating to the removal, impound, storage, or release of a vehicle and therefore is in compliance with Vehicle Code section 22850.5(b)(4).
BE IT FURTHER RESOLVED that said fee shall not be imposed in any of the following circumstances: (a) when the vehicle was left because it became inoperable while being driven, if the owner made good faith attempts promptly to remove the vehicle from a location where it was not permitted: (b) when the vehicle was stolen; (c) when the vehicle was left by an ill or injured drive; or (d) when it is demonstrated to the satisfaction of the Sheriff or designee that neither the registered owner of the vehicle nor his agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle.
BE IT FURTHER RESOLVED that a registered owner or an agent of a registered owner who believes he/she/it is exempt from the fee in accordance with any of the above-listed criteria may apply in writing for a waiver of the fee and shall present such supporting information or documentation, as the Sheriff may request, to the Administrative Sergeant of the city or unincorporated area where the tow occurred.
BE IT FURTHER RESOLVED that upon presentation of a written application for waiver of said fee, together with such supporting documentation as may be requested by the Sheriff or Resolution No. , Item No.
Removal, Impound, Storage or Release of Vehicles
Attachment A - Draft Resolution Page 7 of 7
his/her designee, shall determine promptly whether the applicant meets the above-listed criteria for waiver of the fee and if so, shall waive the fee.
BE IT FURTHER RESOLVED that the Auditor-Controller, having previously been directed to establish in the County Treasury, a Traffic Violator Fund designated as Fund No. 13B for deposit of the proceeds of the fee established by Resolution No. 00-96, shall continue to maintain Fund No. 13B for deposit of the proceeds of the fee established herein.
BE IT FURTHER RESOLVED that the Traffic Violator Fund shall be an interest- earning, budgeted special revenue fund to be controlled by the Sheriff-Coroner.
BE IT FURTHER RESOLVED that until further order of this Board, the proceeds of the fee established by this Resolution shall be deposited in the Traffic Violator Fund in the County Treasury and shall be used exclusively to reimburse the Sheriff for administrative costs associated with the removal, storage, impound and release of vehicles in accordance with the Vehicle Code in the unincorporated areas of Orange County and the cities in Orange County that contract for the Sheriff's law enforcement services where the new fee has been adopted by the City Council.
BE IT FURTHER RESOLVED that expenditures from the Traffic Violator Fund only include personnel costs who perform duties associated with the removal, storage, impound and release of vehicles.
BE IT FURTHER RESOLVED that until further order of this Board, the balance remaining in the Traffic Violator Fund at the close of any fiscal year shall be carried forward and accumulated in said Fund for the purposes recited herein.
IT IS FURTHER RESOLVED that this Resolution supersedes Resolution No. 00-96.
Resolution No. , Item No.
Removal, Impound, Storage or Release of Vehicles
Attachment B - California Vehicle Code, Section 22850.5 Page 1 of 1 California Vehicle Code
Sec. 22850.5
A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution establishing procedures for the release of properly impounded vehicles to the registered owner or the agent of the registered owner and for the imposition of a charge equal to its administrative costs relating to the removal, impound, storage, or release of the vehicles to the registered owner or to the agent of the registered owner. Those administrative costs may be waived by the local or state authority upon verifiable proof that the vehicle was reported stolen at the time the vehicle was removed.
(b) The following apply to any charges imposed for administrative costs pursuant to subdivision (a):
(1) The charges shall only be imposed on the registered owner or the agents of that owner and shall not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive, of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholders total charges and proper administrative costs. (2) Any charges shall be collected by the local or state authority only from the registered owner or an agent of the registered owner.
(3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4) No charge may be imposed for any hearing or appeal relating to the removal, impound, storage, or release of a vehicle unless that hearing or appeal was requested in writing by the registered or legal owner of the vehicle or an agent of that registered or legal owner. In addition, the charge may be imposed only upon the person requesting that hearing or appeal. No administrative costs authorized under subdivision (a) shall be charged to the legal owner who redeems the vehicle unless the legal owner voluntarily requests a post storage hearing. No city, county, city and county, or state agency shall require a legal owner or a legal owners agent to request a post storage hearing as a requirement for release of the vehicle to the legal owner or the legal owners agent. The impounding agency, or any person acting on behalf of the agency, shall not require the legal owner or the legal owners agent to produce any documents other than those specified in paragraph (3) of subdivision (f) of Section 14602.6 or paragraph (3) of subdivision (e) of Section 14602.7. The impounding agency, or any person acting on behalf of the agency, shall not require any documents to be notarized.
Attachment C - California Vehicle Code, Section 14602 Page 1 of 6 California Vehicle Code
Sec. 14602.6
(a)
(1) Whenever a peace officer determines that a person was driving a vehicle while his or her driving privilege was suspended or revoked, driving a vehicle while his or her driving privilege is restricted pursuant to Section 13352 or 23575 and the vehicle is not equipped with a functioning, certified interlock device, or driving a vehicle without ever having been issued a driver's license, the peace officer may either immediately arrest that person and cause the removal and seizure of that vehicle or, if the vehicle is involved in a traffic collision, cause the removal and seizure of the vehicle without the necessity of arresting the person in accordance with Chapter 10 (commencing with Section 22650) of Division
11. A vehicle so impounded shall be impounded for 30 days. (2) The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the department, informing the owner that the vehicle has been impounded. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days impoundment when the legal owner redeems the impounded vehicle. The impounding agency shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of a registered owner to request a hearing. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for nonemergency business.
(b) The registered and legal owner of a vehicle that is removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of, or consider any mitigating circumstances attendant to, the storage, in accordance with Section 22852.
(c) Any period in which a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (a) of Section 14602.5. (d)
(1) An impounding agency shall release a vehicle to the registered owner or his or her agent prior to the end of 30 days impoundment under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
Attachment C - California Vehicle Code, Section 14602 Page 2 of 6 (B) When the vehicle is subject to bailment and is driven by an unlicensed employee of a business establishment, including a parking service or repair garage.
(C) When the license of the driver was suspended or revoked for an offense other than those included in Article 2 (commencing with Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing with Section 13350) of Chapter 2 of Division 6.
(D) When the vehicle was seized under this section for an offense that does not authorize the seizure of the vehicle.
(E) When the driver reinstates his or her driver's license or acquires a driver's license and proper insurance.
(2) No vehicle shall be released pursuant to this subdivision without presentation of the registered owners or agents currently valid driver's license to operate the vehicle and proof of current vehicle registration, or upon order of a court. (e) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5. (f) A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owner's agent prior to the end of 30 days impoundment if all of the following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle. (2)
(A) The legal owner or the legal owner's agent pays all towing and storage fees related to the seizure of the vehicle. No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment.
Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owner's agent any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a post storage hearing. (B) A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owner's agent claiming the vehicle. A credit card shall be in the name of the person Attachment C - California Vehicle Code, Section 14602 Page 3 of 6 presenting the card. Credit card means credit card as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller. (C) A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage, and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.
(E) Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
Attachment C - California Vehicle Code, Section 14602 Page 4 of 6 (3) The legal owner or the legal owners agent presents a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following, as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person acting on behalf of those agencies, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code. No administrative costs authorized under subdivision (a) of Section 22850.5 shall be charged to the legal owner of the type specified in paragraph (1), who redeems the vehicle unless the legal owner voluntarily requests a post storage hearing. No city, county, city and county, or state agency shall require a legal owner or a legal owners agent to request a post storage hearing as a requirement for release of the vehicle to the legal owner or the legal owners agent. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The legal owner or the legal owner's agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owners agent.
(4) A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owners agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owners agent under this subdivision are satisfied.
(g)
(1) A legal owner or the legal owners agent that obtains release of the vehicle pursuant to subdivision (f) shall not release the vehicle to the registered owner of the vehicle, or the person who was listed as the registered owner when the vehicle was impounded, or any agents of the registered owner, unless the registered owner is a rental car agency, until after the termination of the 30-day impoundment period.
Attachment C - California Vehicle Code, Section 14602 Page 5 of 6 (2) The legal owner or the legal owners agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owners agent presents his or her valid driver's license or valid temporary driver's license to the legal owner or the legal owners agent. The legal owner or the legal owner's agent or the person in possession of the vehicle shall make every reasonable effort to ensure that the license presented is valid and possession of the vehicle will not be given to the driver who was involved in the original impoundment proceeding until the expiration of the impoundment period.
(3) Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining custody of the vehicle.
(4) Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a fine in the amount of two thousand dollars ($2,000) in addition to any other penalties established by law.
(5) The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impoundment. (h)
(1) A vehicle removed and seized under subdivision (a) shall be released to a rental car agency prior to the end of 30 days impoundment if the agency is either the legal owner or registered owner of the vehicle and the agency pays all towing and storage fees related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this section may continue to rent the vehicle upon recovery of the vehicle. However, the rental car agency may not rent another vehicle to the driver of the vehicle that was seized until 30 days after the date that the vehicle was seized.
(3) The rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 that were incurred by the rental car agency in connection with obtaining custody of the vehicle.
(i) Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized under Section 22850.5, and any parking fines, penalties, and administrative fees incurred by the registered owner. (i)
Attachment C - California Vehicle Code, Section 14602 Page 6 of 6 (1) The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owners agent provided the release complies with the provisions of this section. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release. (2) (A)The legal owner of collateral shall, by operation of law and without requiring further action, indemnify and hold harmless a law enforcement agency, city, county, city and county, the state, a tow yard, storage facility, or an impounding yard from a claim arising out of the release of the collateral to a licensed repossessor or licensed repossession agency, and from any damage to the collateral after its release, including reasonable attorney's fees and costs associated with defending a claim, if the collateral was released in compliance with this section. (B) This subdivision shall apply only when collateral is released to a licensed repossessor, licensed repossession agency, or its officers or employees pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code.
Attachment D - Government Code Section 66018 Page 1 of 1
GOVERNMENT CODE - GOV
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58]
(Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 - 66103]
(Heading of Division 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 8. Procedures for Adopting Various Fees [66016 - 66019] (Chapter 8 added by Stats. 1990. Ch. 1572, Sec. 20. )
66018.
(a)Prior to adopting an ordinance, resolution, or other legislative enactment adopting a new fee or approving an increase in an existing fee to which this section applies, a local agency shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, shall be published in accordance with Section 6062a. (bAny costs incurred by a local agency in conducting the hearing required pursuant to subdivision (a) may be recovered as part of the fees which were the subject of the hearing.
(c)This section applies only to the adopting or increasing of fees to which a specific statutory notice requirement, other than Section 54954.2, does not apply. (d) As used in this section, "fees" do not include rates or charges for water, sewer, or electrical service.
(Added by Stats. 1990, Ch. 1572, Sec. 20.)
Attachment E - California Constitution Article XIIIC, Section 1 Page 1 of 2 § 1, Definitions, CA CONST Art. 13C, $ 1
West's Annotated California Codes
Constitution of the State of California 1879 (Refs & Annos) Article XIIIC. [Voter Approval for Local Tax Levies] (Refs & Annos) West's Ann.Cal.Const. Art. 13C, § 1
§1. Definitions
Effective: November 3, 2010
Currentness
SECTION 1. Definitions. As used in this article:
(a) "General tax" means any tax imposed for general governmental purposes. (b) "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity.
said dirtier mens in pen of the sue re preten a per a pid art or the ca school districts and redevelopment agencies.
(d) "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
(e) As used in this article, "tax" means any levy, charge, or exaction of any kind imposed by a local government, except the following:
(1) A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.
(2) A charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.
(3) A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.
WESTLAW © 2017 Thomson Reuters. No claim to original U.S. Government Works. 1 Attachment E - California Constitution Article XIIIC, Section 1 Page 2 of 2 § 1. Definltions, CA CONST Art. 13C, § 1
(4) A charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property.
(5) A fine, penalty, or other monetary charge imposed by the judicial branch of government or a local government, as a result of a violation of law.
(6) A charge imposed as a condition of property development. (7) Assessments and property-related fees imposed in accordance with the provisions of Article XIII D.
The local government bears the burden of proving by a preponderance of the evidence that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor's burdens on, or benefits received from, the governmental activity.
Credits
(Added by Initiative Measure (Prop, 218, § 3, approved Noy, 5, 1996). Amended by Initiative Measure (Prop. 26, $ 3, approved Nov. 2, 2010, eff. Nov. 3, 2010).)
Notes of Decisions (59)
West's Ann. Cal. Const. Art, 13C, § 1, CA CONST Art. 13C, § 1 Current with urgency legislation through Ch. 164 of 2017 Reg.Sess End of Document 3 2017 Thomson Reulers. No c'aim to original US. Government Works.
WESTLAW © 2017 Thomson Reuters. No claim to original U.S. Government Works.
Attachment F - Fee Checklist and Cost Study Page 1 of 5
EXHIBIT IV
FEE CHECKLIST FOR ASR SUBMISSION
DESCRIPTION
County Agencies & Departments are generally responsible for all aspects of their fees. Three weeks prior to filing the Ask for proposed fee updates with the Clerk of the Board, the department/agency must submit the ASR, Fee Checklist, and appropriate documentation to allow adequate time for the CEO and Auditor-Controller to perform a limited review. The Fee Checklist signed by both the CEO and Auditor-Controller must be attached to the ASR.
DEPT./AGENCY; SHERIFF CORONER DEPARTMENT DATE: 09/03/2020 DEPT./AGENCY CONTACT: NOMA M. CROOK PHONE NO.: 714-834-6681 Description of proposed fee contained in ASR:
Combine administrative cost fee from $50 for licensed vehicle and $152 for unlicensed vehicle to $144 for vehicle removal, impound, storage, or release. The new fee will be inclusive of one rate as the time spent to process a licensed and unlicensed release are the same, The fee affects the Unincorporated areas of Orange County and Contract Cities.
Amount of annual revenue relaled to this proposal:
$284,832
Answer the following questions and check appropriate boxes. Check One
YES NO NIA
BACKGROUND:
1. Is this a revision of existing fee(s)? IF YES, when were the fee(s) last revised? L March 26, 2000
Attach a fee schedule that inchides a comparison between current and proposed fees.
2. Are there any new fees)? • •
3. When will the fee(s) he effective?
Date: 11/03/2020
LEGAL CONSIDERATIONS:
4. Has legal authority for the fee been reviewed?
5. Is the fee request consistent with the legal authority to levy? •
6. Cite the legal authority of the fee and attach a copy of the reference code(s). esolution No: 00-96, dated March 28, 2000, implemented administrative cost of (a) $152 fee whe vehicle is impounded due to driving without a license or with a suspended or revoked licen ) F50 fee when a velicle is impounded pursuant to other specific Vehicle Code violations.
7. Does the fee(9) meet one of Proposition 26's exceptions (Note 1)? • • If "NO" is checked, please contact your CEO Budget Analyst.
IF "YES" is checked, please list the exception(s). If necessary, please provide attachments, California Constitution Section 1 of Article XIII (C): (E) (5) A fine, penalty, or other monetary charge imposed by the judicial branch of government or a local government as a result of a violation of law.
8. Is the drafted Board Resolution or ordinance language (if required) attached?
COMMUNICATIONS
9. List county and non-county departments, agencies, organization and/or communities inpacted by the fees), if applicable
Owners of licensed and unlicensed vehicle of
Unincorporated areas of Orange County and •
a, Contract Cities whose councils aclopt the fee Have they been notified? Has the fee been coordinated with them? •
10. Fave all advisory board and public hearing concurrencies been finalized?
Attachment F - Fee Checklist and Cost Study Page 2 of 5
EXHIBIT IV
FEE CHECKLIST FOR ASR SUBMISSION
EER CALCULATIONS
11. Is full cost recovery planned in the fee calculation? If not, Please provide an explanation.
12. Are the proposed fee(s) clerived from a cost basis analysis? If YES, Please complete questions 13 • hrough 16. If NO, please provide explanation
13. Is agency/department indirect cost included in the fee calculation?
14. Is the County General support service costs as determined by the County Wide Cost Allocation Plan (CWCAP) included in the fee calculation?
15. Identification of the costs related to this fee proposal:
Personnel (Salaries & Employee Benefits) $ 127.00
Services and Supplies $
4.00 Equipment
Department/Agency Indirect Costs 11,00
County General support service costs (CWCAP) $ 2.00
Other $.
Total $ 144.00
16. Initial Fiscal Year *Projected Fiscal Year
Costs: $ 284,832.00 Costs: $ 284,832.00
Revenue: $ 113,690.00 Revenue: $ 284,832,00
NCC: $ 171,142.00 NCC: $
* Costs, revenue, and NCC including cost and revenue related to this fee update. 17, Revenue Coding:
BUDGET REVENUE DEPT REVENUE
FUND DEFT CONTROL UNIT SOURCE SOURCE
13B 060 13B 1413 6510 TVOO
13B 060 13B 1413 6510 TV03
13B 060 13B 1413 6510 TV04
13B 060 13B 1413 6510 TV05
13B 060 138 1413 6510 TV06
13B 060 13B 1413 6510 TVa7
13B 060 13B 1413 6510 TVOS
13B 060 13B 1413 6510 TV09
13B 060 13B 1413 6510 TV10
13B 060 13B 1413 6510 TV11
13B 060 13B 1413 6510 TV14
13B 060 13B 1413 6510 TV26
13B 060 13B 1413 6510 TV27
13B 060 13B 1413 6510 TV82
Poge 2 of 3
Attachment F - Fee Checklist and Cost Study Page 3 of 5
EXHIBITIV
FEE CHECKLIST FOR ASR SUBMISSION
Dept./Agency Nora N. Crook minion. NomA M. Cok me 9/4/20 Authorized Signature
Auditor-Controller
Signature Stephanie Chu Print Name: Stephanie Chen Date: 10/1/20 Oana Cosma
Oana Cosma 10/5/2020
CEO Signature Print Name: Date:
Note 1: California State Constitution, Article XIII C, § 1 (e), 2(d), (Proposition 26, November 3, 2010) Requires a fee or charge that does not fall within the seven exceptions listed in Proposition 26 is deemed a tax which must be approved by the voter.
Attachment F - Fee Checklist and Cost Study Page 4 of 5
SHERIFF-CORONER DEPARTMENT
TRAFFIC VIOLATOR APPREHENSION PROGRAM (TVAP) - FUND 13B FY 2020-21 ESTIMATED COST
SUMMARY OF POSITIONS CHARGED TO FUND 13B Fee Checklist for ASR Submission Staff Office
Sergeant Specialist Specialist
Number of Position 0.10 1.00 1.00
Total Paid Tow 1978 WIC WIC WIC
Salary Total § to Charge 13B code 03 code 05
Salary 270,292 140,815 $ 7.27 $ 3720 52005 26.62
Bilingual - BL 2,822 1,927 0.78 $ 2.28 0.93
MART Pay 2,760 276 1.43 0.31
Holiday 8,944 3,983 028 g 0.06
0.09 ST Pay 303 303 0.05 $ 0.47 0.45
OT 21,734 0.14 $
On Call 40,938 4,890 2.07 $ :
POST 13,485 1,349 0.68 $
TOTAL SALARY = S 361,278 160,636 11.27 S 41563 28381
Total
Retirement 5 180,543 60,721 19.96 $ 10.01
Retirement Rebate 8.73 $
Relire. Defined Cont. 7,193 719 0.36
Retire. Star Cola 111 58 0.00 0.02
0.01 Medical Ins. 39,054 23,244 0.89 5.43
5.43 H&W 1,872 1,310 0.03 0.32
0.32 Dental/Hr.
WIC 18,054 2,664
0.86 0.29 0.20
Unemp
AD&D 24 2 0.00
Annual Mgmt Physical
Medicare 5,239 2,329 0.16 0.60 0.41
TOTAL BENEFITS = $252,090 $91,048 9.05 20.61 16.37
TOTAL SALARIES & EMPLOYEE BENEFITS- 613,368 $ 251,683 20.32 62.17 44.75 Service & Supplies
Expenditure $
Liability Insurance 9,693 6,785 0.16 1.63 1.63
ILJAOC 107 11 0.01 $
Transportation 10,526 1.053 0.53 S
TOTAL S&S = S 20,326 7,848 0.70 1.63
1.63 Overhead (SWORN): Total
CWCAP 7,912 3,518 0.25 0.91 $
0.62 Department OH 23.021 16,115 0.39 3.88 3.88
Training 3,732 373 0.19 S
Captain 5,901 4,091 0.10 $ 0.98 0.98
Watch Commander 2,777 278 0.14
TOTAL OVERHEAD = 5 43,343 24,375 E 1.07 $ 5.77 S 5.48
GRAND TOTAL = $ 677,036 288,907 22.08 $ 69.58 $ 51.87
Eunded Positions:
Sergeant 43,681
Office Specialist 102,596
Staff Specialist 1.00 137,629
Total # positions = 2.10 > 283,907
(a) Hourly rates are based on top step per FY 2020-21 LEC study. (b) Benefits are based on FY 2020-2021 Budget Instructions. (c) CWCAP rate is based on the current updated rate of FY 2016-17 CWCAP study.
Z:IFEESITVAPIFY 20-211
FY 20-21 TVAP Fee Study-HP
Position Summary-Pd tow
Printed: 8/26/2020
Attachment F - Fee Checklist and Cost Study Page 5 of 5
ORANGE COUNTY SHERIFF DEPARTMENT
TRAFFIC VIOLATOR APPREHENSION PROGRAM (TVAP) - FUND 13B FY 2020-21 COST ESTIMATE
REVENUE BY FISCAL YEAR
Total
Total Estimated Revenue at
DEPT REV FY 2019-20 Revenue at Proposed Revenue
6510 Paid Tow Current Fee Current Fee Proposed Fee Fee Increase/Decrease di e- (atd)
Licensed 1833 $ 50 $ 91,650 $ 144 $ 263,952 $ 172,302
Unlicensed 145 $ 152 $ 22,040 $ 144 $ 20,880 $ (1,160)
Total 1978 $ 113,690 $ 284,832 $ 171,142
Prepared by: Hpham W
Z:FEESITVAPIFY 20-211
FY 20-21 TVAP Fee Study-HP
Attachment G - Notice of Public Hearing Page 1 of 1
NOTICE OF PUBLIC HEARING
FEE FOR SHERIFF'S VEHICLE
REMOVAL, IMPOUND, STORAGE
OR RELEASE
NOTICE IS HEREBY GIVEN that the Orange County Board of Supervisors will hold a public hearing to approve new fees charged by the Sheriff's Department for Vehicle Removal, Impound, Storage, or Release
DATE OF HEARING: November 17, 2020
TIME OF HEARING: 9:30 a.m. or as soon thereafter as possible.
LOCATION OF HEARING: Board of Supervisors Hearing Room, Hall of Administration, 333 W. Santa Ana Blvd., Bldg. 10, Civic Center Plaza (northwest corner of Broadway and Santa Ana Blvd.), Santa Ana, California 92701.
PROPOSAL: Approve new administrative fees for the Sheriff-Coroner Department's removal, impound, storage or release of vehicles, from $50 to $144 pursuant to vehicle code violations, and from $152 to $144 for driving without a license or with a suspended or revoked license, effective November 3, 2020.
INVITATION TO BE HEARD: All persons, either favoring or opposing this proposal, are invited to present their views before the Board of Supervisors.
Any written material to be submitted to the Board of Supervisors must be submitted to the Clerk of the Board at least 24 hours prior to the hearing (six copies required).
For further information, please call Director Noma M. Crook at (714) 834-6681 or Administrative Manager Christian Abueg at (714) 834-2214.