Att 1 - Resolution No. 24-169.DOCX — San Clemente City Council, November 19, 2024

RESOLUTION NO. 24-169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING A REVISED ADMINISTRATIVE FEE FOR VEHICLE REMOVAL, IMPOUND, STORAGE OR RELEASE BY THE ORANGE COUNTY SHERIFF’S DEPARTMENT FOR THE TRAFFIC VIOLATOR APPREHENSION PROGRAM (TVAP) IN THE CITY OF SAN CLEMENTE WHEREAS, the Orange County Sheriff-Coroner (“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 parking; and WHEREAS, the Sheriff operates the Traffic Violator Apprehension Program in the unincorporated areas of Orange County and in cities of Orange County (such as the City of San Clemente) 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 contract cities serves the public purpose of the City 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 in Cities that contract for the Sheriff’s law enforcement services during the normal course of duty; and WHEREAS, the Sheriff impounds said vehicles pursuant the authority under 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

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 (j) Lack of vehicle registration
22651 (k) Parking over seventy-two hours
22651 (l) 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 the Orange County Board of Supervisors, 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, the Orange County Board of Supervisors adopted a fee pursuant to Vehicle Code section 22850.5 on November 17, 2020, through the adoption of Resolution No. 20-161, which established a fee in the amount of $144 when a vehicle of a license and unlicensed driver is removed and/or impounded; and WHEREAS, on May 4, 2021, the San Clemente City Council adopted Resolution No. 21-11, which authorized the Sheriff to collect fees in the City in connection with the Traffic Violator Apprehension Program in amounts identical to the County’s fees as set forth in County Resolution No. 20-161; and WHEREAS, in 2024, a cost study conducted by the Sheriff showed that the administrative cost relating to the removal, impound storage or release of vehicles impounded pursuant to the Vehicle Code has increased to $174.00 per removal; and WHEREAS, based upon the cost study, the Orange County Board of Supervisors adopted a fee pursuant to Vehicle Code section 22850.5 on June 25, 2024, through the adoption of Resolution No. 24-085, which established a fee in the amount of $174 when a vehicle of a license and unlicensed driver is removed and/or impounded; and WHEREAS, the Sheriff is requesting adoption by city councils of each of the contract cities (such as the City of San Clemente) with the Sheriff for law enforcement services of fee identical to those described herein; and WHEREAS, Sheriff requests authorization of an annual administrative fee adjustment for removal, impound, storage or release of vehicles, effective July 1st of year, starting 2025, not to exceed the annual percentage of the Los Angeles-Long Beach-Anaheim “all items” Consumer Price Index, provided that the amount does not exceed the actual costs to the Sheriff as determined by additional cost studies prepared for the fee adjustment will ensure the Sheriff’s cost recovery. This will allow the Sheriff to have cost recovery for the removal, impound, storage or release of vehicles; and WHEREAS, persons whose vehicles are impounded, rather than the public as a whole, should bear the administrated costs of processing such impound; and WHEREAS, Vehicle Code Section 22850.5 imposed the following restrictions on the imposition of this administrative fee:

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 the Civil Code and Section 22851 of the Vehicle Code unless the sale is sufficient in amount to pay the lienholder’s total charges and proper administrative costs; and Any charges shall be collected by the local or state authority only from the registered owner or an agent of the registered owner; and The charges shall be in addition to any other charges authorized or imposed pursuant to this code; and 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 driven, 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/her designee that neither the registered owner of the vehicle nor his/her agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle; and WHEREAS, the City Council desires to update the Traffic Violator Apprehension Program fee to match the County and further desires for the Sheriff to continue to collect the fee on behalf of the City. Continuing with such a practice will ensure that persons whose vehicles are impounded, rather than the public as a whole, will bear the administrative costs of such impounds; and WHEREAS, a notice of public hearing with respect to the proposed new Traffic Violator Apprehension Program fee provided herein was given according to law; and WHEREAS, a duly notice public hearing pertaining to the new Traffic Violator Apprehension Program fee was held on November 19, 2024.

NOW, THEREFORE, the City Council of the City of San Clemente does, hereby find, determine and resolve as follows:

SECTION 1. That the above recitations are true and correct and incorporated fully herein.

SECTION 2. That on November 19, 2024, 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 City in accordance with or on account of provisions of the Vehicle Code listed below:

A fee of $174.00 for each removal of a vehicle in accordance with or on account of violation of Vehicle Code sections:
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

SECTION 4. The fee established herein 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 the Civil Code and Section 22851 of the Vehicle Code, unless the sale is sufficient in amount to pay the lienholder’s total charges and proper administrative costs.

SECTION 5. The fee established herein shall be collected 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.

SECTION 6. The fee established herein complies with Vehicle Code Section 22850.5 (b)(4) as the cost study conducted by the Sheriff that supports the $174.00 per removal fee did not include administrative costs for conducting a hearing or appeal related to the removal, impound, storage, or release of a vehicle.

SECTION 7. The Sheriff shall not impose the fee established herein 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 driver; or (d) when it is demonstrated to the satisfaction of the Sheriff or his/her designee that neither the registered owner of the vehicle nor his/her agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle.

SECTION 8. A registered owner or an agent of a registered owner who believes he/she/they are exempt from the fee established herein under any of the criteria listed in Section 7 above 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 City’s Administrative Sergeant. Upon the presentation of a written application for waiver of said fee, together with such supporting documentation as may be requested by the Sheriff, the Administrative Sergeant or his/her designee shall determine promptly whether the applicant meets the criteria for a waiver of the fee and if so, shall waive the fee.

SECTION 9. Until further order of the City Council, the Sheriff is directed to deposit the proceeds of the fee established herein into Traffic Violator Fund in the County Treasury. Proceeds from the Traffic Violator Fund shall be used in conformance with the County’s restrictions for the same as well as in conformance with any applicable provisions set forth in the City’s agreement with the County for the Sheriff’s law enforcement services.

SECTION 10. That expenditures from the Traffic Violator Fund only include personnel costs who perform duties associated with the removal, storage, impound and release of vehicles.

SECTION 11. That until further order of the City Council, the Board of Supervisors is authorized to carry forward in the Traffic Violator Fund and accumulate any balance of proceeds of fees imposed by this Resolution that remains at the end of a fiscal year, as long as such fee proceeds will be used for the purposes provided herein.

SECTION 12. That the Sheriff is authorized to make an annual fee change effective July 1st of each year, starting in July 2025, that adjusts the fee set forth in this Resolution, by an amount not to exceed the annual percentage on the Los Angeles-Long Beach-Anaheim “all items” Consumer Price Index, provided that the amount does not exceed the Sheriff’s cost as determined by additional cost studies prepared for the fee adjustment.

SECTION 13. That the annual fee change by the Sheriff will, without further action, be incorporated and adopted automatically by the City of San Clemente July 1 of each year or other effective date established and adopted by the Orange County Board of Supervisor and authorized by the Sheriff in the amounts so approved and adopted.

SECTION 14. That Resolution 21-11 and any other resolution in conflict herewith are hereby repealed and of no further force or effect. This Resolution supersedes Resolution No. 21-11.

SECTION 15. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of November, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-169 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of November 2024, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
4890-6719-9214 v2
Resolution No. 24-169 Page 2
Attachment 1

San Clemente City CouncilNovember 19, 2024

San Clemente City Council
November 19, 2024