HomeMy WebLinkAboutAgenda Report - January 18, 1995 (66),� OF
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CITY OF LODE COUNCIL COMMUNICATION
AGENDA TITLE: Vehicle Release Fee
MEETING DATE: January 18, 1995
PREPARED BY: Police Chief
RECOMMENDED ACTION: That the City Council authorize increasing the
vehicle release fee from $30.00 to $45.00 to pay
for the administrative cost of this program.
BACKGROUND INFORMATION: Please refer to the attached memorandum for
justification. Lieutenant David Main will
be available to answer any questions Council
may have.
FUNDING: None
a�DHand(E�nW:::t�
Chief of Police
LDH:sm
cc: City Attorney
APPROVE
THOMAS A. PETERSON recycled paper
City Manager
CC -1
VEHICLE RELEASE FEE
PROPOSED INCREASE
L 0 D I P O L I C E D E P A R T M E N T
M e m o r a n d u m
To: Chief Larry Hansen
Captain Jerry Adams
From: David J. Main
Police Lieutenant
Date: November 28, 1994
Subject: TOWED VEHICLE RELEASE FEE
In September of 1993, I submitted a proposal that this department
adopt a towed vehicle release fee, which would be imposed on owners
and or drivers of vehicles which we ordered towed. This proposal
was approved and sent to city council. On January 5, 1994 at a
regular city council meeting, the council approved a $30.00
administrative fee to recover actual costs for providing this
service.
At the time I made my proposal, I projected for you the amount of
time and resources involved in the towing of a vehicle. In working
with this new procedure, we have discovered additional time it takes
in providing the service, and other related costs not considered
originally. The purpose of this memo is to propose that the fee be
amended to more accurately reflect the actual cost to the city of
Lodi. Additionally, there have been salary adjustments and
increased costs of employee benefits, which adds justification for
the increase. Originally, it was estimated, that a police officer
spends about thirty minutes from the time he first stops the
violator, to the point he/she is available to handle other
assignments. When first proposed, I felt it would take an average
of about fifteen minutes for the tow company to respond. In
actuality, it takes approximately 20 to 25 minutes, and in some
cases well over thirty minutes. This costs the city money in terms
of man hours. It is now estimated this procedure ties up one
officer, and in many cases two, (when someone is arrested and
transported) about 40 minutes. This revised time estimate equates
to the following:
Top step police officer including fringe benefit
package is $30.77 per hour. Costing the city on an
average in these type cases: $18.40
Considering the dispatchers time involved, the fifteen minute
estimation is fairly accurate. No adjustment in this area is being
recommended. Costs to the city of Lodi are as follows:
Top step dispatcher including fringe benefit package
is $21.70 per hour. Costing the city on an average
in these types of cases: $5.40
Considering the records personnel time involved, the thirty minute
estimation is accurate. No adjustment in this area is being
recommended. Costs to the city of Lodi on an average in these cases
are as follows:
Top step records personnel including fringe benefit
package is $16.98 per hour. Costing the city on an
average is these cases: $8.50
Cost Breakdown
Police Officer $18.40
Dispatcher $ 5.40
Records $ 8.50
Sub total: $32.30
There are several other costs not originally considered as a part of
this cost recovery. They are as follows:
Administration of this program: As one might expect, any new
program requires time and expense just to monitor and deal with
daily issues. These issues can be tracking down the true owner of
the vehicle, running vehicle registration when someone claims a
vehicle, and dealing with various phone calls from citizens
inquiring about their vehicle. Actual costs would be difficult to
determine, however it would be safe to estimate, that on the average
it costs the city approximately $3.00 to provide this service, and
probably higher.
After Hour releases: The program was designed originally to allow
releases to be obtained during normal business hours only. In a
good number of cases, this can be a real burden on the part of the
citizen. In some cases the owner of the vehicle is not the actual
driver, and are in need of the vehicle. In these cases,
Lieutenants, and Sergeants are required to come into the building,
collect fees, track down paper work, issue receipts, etc.
Additionally, the many phone calls and questions watch commanders
deal with from citizens and tow companies was not originally
considered. It would be very difficult to attach an actual cost to
this, however I would feel safe in estimating it costs the city on
average about $3.00 per vehicle to handle all of these issues.
Report Review and Routing: Lieutenants and Sergeants are required
to review each of these reports, ensuring all pertinent information
is included, as well as proper authoritative sections have been
used. Actual time involved is approximately 10 minutes. The
average of top step pay for Lieutenant and Sergeant including fringe
benefit package is $37.00 per hour. This costs the city $3.70.
Vehicle Costs and Overhead: As previously discussed, an officer is
tied up with vehicle about forty minutes. The costs for the city in
terms of mileage, gas, oil, wear and tear etc. costs the city money
and is recoverable. It is estimated that the cost to run a police
vehicle is approximately $13.00 per hour, conservatively. (Tracy PD
research) This costs the city $7.80.
Total Cost Breakdown
Police Officer
$18.40
Dispatcher
$
5.40
Records
$
8.50
Admin costs
$
3.00
After hrs. rel.
$
3.00
Report Review
$
3.70
Vehicle costs
$
7.80
Total $49.80
Based upon all of the available data, I would recommend the release
fee be amended to $45.00. I realize the projected costs are
slightly higher, however, this would protect the city against claims
that a profit is being made. Existing law is very clear
administrative costs can only include actual costs and no more. My
research reveals it costs the city of Lodi in excess of $45.00 to
deal with these vehicles. And with impending laws, requiring
additional paper work and administrative duties, this fee is most
reasonable. Additionally there is a new vehicle code section which
gives local jurisdiction authority to establish and collect
administrative costs (22850.5 CVC). Previously, local jurisdictions
would rely on government code sections. I have included a copy of
my original proposal which outline the specific duties each employee
performs, and the amount of time involved. And, as a matter of
information, since the implementation of this fee January 1994
through the month of October, the city of Lodi has recovered
$31,815.00.
Respectfully Submitted,
David J. Main
Watch Commander
-667-
§22851
t hide Removal: Release to Owner....:
ie f y 22850.3. (a) A vehicle placed in storage pursuant to Section 22850 shall
be released to the owneror person in control of the vehicle only if the owner
is a or person furnishes, to the law enforcement agency or employee who placed
the vehicle in storage, satisfactory proof of current -vehicle registration. In
lieu of obtaining proof of current registration, the agency which.caused the
la , vehicle to be stored may, in its discretion, issue a notice to appear for the
orifi _* ' gistration violation. :. .
led; ,,.. (b) At every storage facility there shall be posted in a conspicuous place it
plan ytotice to the effect that a vehicle placed in storage -pursuant to Section 22850
i
may be released only on proof of current. registration or; in the absence of
a that proof, upon the issuance of a. notice to .appear. for the registration
e J violation by the local agency which caused the vehicle to be stored, specifying
- the name and telephone number of that local:agency.
Added Ch: 1199, State. 1990. Effective January 1; 1891.
scn ` AdmiMstratlyeCosts:.Vehichlimpoand:;=' ,
thereui. $88811.8. i.(a),A vity;=county, arr
or aityland county ay adopt,ar
in the -or-m olution esiabliching�promiuneo for;the r+eleasewif
,dire properly organ tiled-+vehsclewhandi- fomthe•.aanpesitiowof -a -charge
tY, W equal to its administrative.mosts relating lei: -the removal impwtnd,
)mPlyi storage; or-rWease ofthe vehicles. Thosezadrninistnative coeft may be
P� waived by the local. authority upon ' verifiable proof that the -vehicle
was reported stolen at thetime: the vehicle was removed.Ko
11 (b), Administrative costa*shall only= be imposed ort the regisierod
250.1"6a owner or the agents ofthatawner and=shall-not include any vehicle
,-,S 3" towed uisder an abatement program or sold at a 3ien salepursuant to
aue'" "�. Sections806&Lto3074,iinduaive,vfpand= Section .2p861 of, the ivil
b•. r�
Code s the rale is .sufficient in amount -tip pay the tienholdie--a
r Tr: c total charges and proper administrative costs. ❑
ner+diQ�p t (cl
Any administrative costs imposed shW, be collected by4he
lOCOtianthortty at the.tsme of"leose.
(OlWi local admiaeistration charges i ursuarit to
harg imposed p ,this
section shall be in addition to any other chargee authorized or'
im} a edpuraaant t0`thn eOdB i `' 'FS--ir '
shed :Jim --'Udid CW 614, Stats:'19M.AftectiveJamuary l? f9 1: '" _ a`.. 3 .�_ • • ¢�.;
is,tr8aBp0 Lie MStoied Vol IC:e3 ti^i'rvVW: }U ! t Fit >L". n nr{•• o64
ide>aty to AML-si:.(o) WheneversveMelehasbeearamoved-twagarage underithis
a che}>terand,the-keeper•ofitheg arage-hatTwoived-the-matiee or ne0cenami
fi pra ded herein, the keeper shall -have a -lien dependent upon possessioh for
. his orher:tompensation for towage and for caring for and keeping -safe -the
: ` vehicles%r_ a period not -exceeding 6Q,days:or, if an application: for. an
andorization to conduct a lien .sale.:has been Sled pursuant to Section
196W —o 3066.1 of'the Civil Code within 30 days atter the zemoval of the-vehials:to
.th agerl2Q.days and, if the vehicle is not recovered by the owner within
a thatgeriod or the+owneru unkvnown; tl&keeperof the garage:maysa#isfyi
iicle••fiam
moulded; ale his of her lien in the manner prescribed in this•article: The -hen -shall -not -be
a&Waonto. a assigned: Possession of the vehicle isxleemed :to! ariswwhen a vehicle is
of *hick the;
• d in w(b)-No lien shall attach to any personal property in or on the vehicle -The
abenmin the penweai property in or onthe vehicle shall be given to the registered owner
ortheownel's authorized-agentupon-demand; The lienholder shall not�be
responsible for property atter any vehicle has been disposed of pursuant to
this chapter. 'A
Amended Ch. 963, State. 1959. Effective September is, 1959.
Amended Ch. 1135, State. 1965'. Effective September 17 1965.
ORIGINAL PROPOSAL
JAN. 1994
L 0 D I P 0 L I C E D E P A R T M E N T
M e m o r a n d u m
To Chief Larry Hansen
Captain Jerry Adams
From: David J. Main
Patrol Lieutenant
Date: September 8, 1993
Subject: TOWED VEHICLE RELEASE COST RECOVERY
I would like to propose the city of Lodi adopt a towed vehicle
release fee as a form of cost recovery. This release fee would
be imposed upon owners and or drivers of vehicles which are
ordered towed by police. Victims of crimes such as the owners
of stolen autos would be exempt. In most instances police
orders a vehicle towed when the driver and or owner has been
arrested and charged with violations such as D.U.I., driving
with a suspended or revoked license, unlicensed driver,
criminal violations, registration being expired for over one
year, etc.
Under our current system, whenever a vehicle is ordered towed
by police or whenever an abandoned auto is towed the tax payers
assume the costs. This proposal would attempt to recover the
actual costs to the city and place the financial obligation on
the suspect. The recovery costs include salary, fringe
benefits, and equipment costs.
While on the surface it may appear that the time involved in
the towing of a vehicle may be minimal, closer evaluation
indicates there is actually a great deal of time and energy
involved in the towing of just one vehicle.
The proposed fee would be required to be paid to the city of
Lodi in order for the vehicle to be released to the owner. The
collection of the fee, issuance of the receipt, and release
will be handled by records personnel during business hours.
Failure to pay the fee would result in the vehicle being held
until payment is made.
The proposed fee of $30.00 is a conservative amount in what it
costs the city of Lodi to tow a vehicle. It is not designed to
make a profit. Government code section 54992 explains the
procedure for implementing fees or recovering costs. Cities
cannot by law charge a fee above the estimated amount required
to provide the service. Also any action taken by a local
agency to recover costs shall only be taken by local ordinance
and resolution.
There are numerous law enforcement agencies throughout
California recovering city costs for the towing of vehicles.
To follow is a list of agencies and what they charge. These
figures are about six months old and may in fact be higher.
1.
Fremont P.D.
$43.00
2.
Newark P.D.
$50.00
3.
San Leandro P.D.
$40.00
4.
San Jose P.D.
$41.50
5.
Livermore P.D.
Looking
6.
Gilroy P.D.
$35.00
7.
E. Palo Alto
$25.00
8.
Campbell P.D.
$25.00
9.
Los Altos
Looking
10.
Modesto P.D
$15.00
11.
Manteca P.D.
$20.00
12.
Hayward P.D,
$50.00
13.
Antioch P.D.
None
14.
Los Gatos P.D.
None
15.
Oakland P.D.
Looking
16.
Pittsburg P.D.
$56.00
17.
Concord P.D.
$25.00
The following is a break down on
responsibilities of all involved
ordered towed by police.
into it.
into it.
into it.
the duties and
personnel whenever a car is
POLICE OFFICER:
Stop violator
Determine tow criteria
Communicate with dispatch via radio.
Complete tow sheet.
Inventory vehicle.
Wait for tow truck.
Deliver paper work directly to station for entry.
TIME INVOLVED: 30 minutes.
Top step police officer including fringe benefit package is
$29.95 per hour.
COST: $14.90
DISPATCHER:
Communicate with officer via radio
Telephone tow company
Tow company log entry.
Receive tow report and review document.
Run vehicle registration information and
to the field unit.
Apply tow information to tow sheet.
broadcast information
Enter towed vehicle information into computer system.
Time involved: 15 minutes
Top step for dispatcher including fringe benefit package is
$21.70 per hour.
COST: $5.40
RECORDS PERSONNEL:
Locate vehicle reports and separate from all others.
Make photo copies.
Distribution of copies.
Send notification to registered owner.
Follow paper trail.
When vehicle claimed, obtain report, answer questions, issue
Blease, and receipt.
. .3 ?"v' > ,?I/";f 5
Time involved: 30 minutes
Top step for records personnel
is $15.23 per hour.
including fringe benefit package
COST: $7.50
Total cost breakdown:
Police Officer
Dispatcher
Records
Total
$14.90
$5.40
$7.50
$27.80
I would recommend the fee be $30.00 because there are other
costs which are hidden or incidental which easily justify the
added $2.20. The following is a list of these costs:
Administration of this program.
Copy machine overhead.
Sergeant or Lieutenant to review and approve vehicle report.
Vehicle overhead. (Cost to run a police vehicle is estimated to
be about $13.00 per hour)
Postal costs to mails notices.
Rare tow hearings administered by the watch commander.
As you can see the city of Lodi could easily justify the fee of
$30.00. The actual cost is higher, but I feel this fee would
recover most of what it takes to provide the service and limit
criticism that the city is attempting to make a profit.
Projected income:
The number of vehicles towed each month by the department
varies. About fifty percent of all the vehicles ordered towed
by this department represent abandoned autos. Of those
vehicles towed as abandoned only about five percent are
claimed, therefore cost recovery from the towing of abandoned
autos would be minimal. Cost recovery from all other vehicles
towed would be nearly one hundred percent.
on an average the department tows about 10 to 20 abandoned
autos per month. All other tows range from 30 upwards. If the
department were to tow 30 cars per month, other than abandoned
the city would recover approximately $900.00 per month which
works out to $1800.00 per year. Keep in mind these
projections are estimations and could increase or decrease. It
would be very difficult to come up with specific numbers as it
would require to hand search all cases as the towing of
vehicles are not specifically tracked. Last week alone the
department towed well over twenty vehicles.
I hope you will give serious consideration to this proposal. I
am confident if implemented the city would be able to recover
the majority of the cost to provide this service. Programs
like this have been quite successful all over the state of
California and continue to be implemented everywhere. Citizen
complaints from these specific forms of cost recovery have been
minimal. I would also like to explore the possibility of
having funds raised from this area ear marked for law
enforcement related equipment. Attached is a sample copy of
policy and procedure as well as the release from.
ec lly Submitted,
David J. Main
Patrol Lieutenant
TOWED VEHICLE RELEASE FEE
27-13 PURPOSE: The purpose of this policy is to establish
-_ a towed vehicle release fee under circumstances in which a
vehicle is ordered towed by Police under the provisions listed
under section 27-15.
27-14 POLICY: Whenever a vehicle is towed and stored under
the provisions listed under 27-15, the officer or employee
ordering the tow will supply the driver of the vehicle if
present, with "The Instructions for recovering towed vehicles"
form and the cost recovery program will come into effect.
27-15 TOWING AUTHORITIES IN WHICH THE TOWED VEHICLE
RELEASE FEE WOULD APPLY TO:
22651 a Vehicle left unattended on bridge/obstructs
traffic.
22651 b Traffic Hazard on highway.
22651 d Blocking private driveway.
22651 a Preventing access to fire hydrant.
22651 h Driver arrested.
22651 i Five or more days, five or more parking
tickets.
22651 j Illegally parked without license plates or
other evidence of current registration.
22651 k Abandoned auto. (Excess 72 hrs.)
22651 1 Obstructing cleaning, construction, or
repair equipment when posted 24 hours in advance.
22651 m Obstructing house moving.
22651 n Posted "No Parking Tow Away Zone.
22651 o Expired registration over one year.
22651 p Driver is 12500, 14601, 14601.1, or 14601.2.
22655.3 Driver involved in pursuit.
22652.2 Parked in handicap stalls in lot.
22653 b Involved in accident. No owner present.
PRIVATE PROPERTY.
22655 A Vehicle involved in hit and run.
22656 Vehicle parked on or within 7 1/2 feet of
rail road tracks.
27-16 PROGRAM ADMINISTRATION: The administration of the
program will fall under the direction of the support services
bureau. Records personnel will be responsible for the
collection of the fees. Vehicle release fees will only be
collected during normal business hours. Exceptions may be
granted by the watch commander.
27-17 VEHICLE IMPOUND PROCEDURE:
POLICE OFFICER:
Stop Violator
Identify violator
Impound vehicle
Complete 180 tow sheet
Wait for tow truck
Inventory vehicle
Deliver tow report to dispatch
Provide owner/vehicle with instructions to recover vehicle.
Dispatcher:
Telephone tow company
Entry into tow log
Run vehicle registration
Enter impound vehicle information into system
Co-worker to review.
Records Clerk:
Inspect owners identification
Check owner for valid license if applicable
Check vehicle registration for current fees if applicable
Complete impound letter to owner.
Complete release fee, collect fee, and sign same.
RESOLUTION NO. 95-07
--------------------
--------------------
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING AN INCREASE IN VEHICLE RELEASE FEE
RESOLVED, that the City Council of the City of Lodi does hereby
approve an increase in the Vehicle Release Fee (Release of Towed
Vehicles by the Lodi Police Department) from $30.00 to $45.00.
Dated: January 18, 1995
I hereby certify that Resolution No. 95-07 was passed and adopted
by the Lodi City Council in a regular meeting held January 18, 1995 by
the following vote:
Ayes: Council Members - Pennino, Sieglock, Warner and
Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
e nifer Perrin
ity Cler
95-07