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HomeMy WebLinkAbout5698 RESOLUTION NO. 5698 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING A SERVICE CHARGE FOR RELEASE OF STORED OR IMPOUNDED VEHICLES WHEREAS, the laws of the State of California authorizes cities to adopt and implement rates, fees and charges for municipal services; provided however, that such rates, fees and/or charges do not exceed the estimated reasonable cost of providing such services; and WHEREAS, as the city of Arcadia desires to recover such reasonable costs associated with the impounding and storing of vehicles resulting from hazardous, illegal or negligent actions; and WHEREAS, the costs would be imposed for impounding and storing of vehicles found abandoned, found on the street with expired registration of more than one (1) year, found creating a safety hazard, found blocking driveways and streets, found with more than five (5) outstanding parking tickets, found being operated by an unlicensed driver or a driver with a suspended or revoked license, and when the driver is arrested and there is no safe or legal way c/ to park the vehicle, found in violation of any section of the California Vehicle Code or Arcadia Municipal Code authorizing the removal of the vehicle from public or private property; and WHEREAS, the negligent or illegal operation of the vehicle by the driver or registered owner resulted in the impounding or storing; and 1 WHEREAS, California Government Code section 66018 requires notice to be published in accordance with California Government Code section 6062a and data made available concerning rates, fees and charges prior to conducting a public hearing with respect to the adoption of increases in rates, fees and charges or the adoption of new rates, fees and charges for which no other procedure is provided by law; and WHEREAS, pursuant to California Government Code Section 66018 this City Council has conducted and concluded a duly noticed public hearing with respect to release fees subject to the storage and/or impound vehicles, prior to the adoption of this Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Staff has proposed a service charge of $30.00 which has been determined to be a conservative estimate of the cost to the city for impounding and processing a vehicle as set forth above. This process includes: registration checks, paperwork completion, tow requests, owner notification, phone contacts, log entries, release of vehicle, sending of teletypes, etc. SECTION 2. The City Council hereby finds and determines that, based upon the data, information, analyses, oral and written documentation presented to the city Council concerning the release fees, for cost of providing services which the fee has been levied. 2 5698 SECTION 3. No fees shall be charged for the recovery of stolen vehicles and/or disabled vehicles as a result of a traffic accident, except when the driver of a vehicle involved in an accident is suspected of being under the influence of alcohol and/or any drugs in violation of California law. SECTION 4. This fee established in Section 1 shall be paid prior to the owner's receipt of written authorization from the Arcadia Police Department for the release of the vehicle. The fee shall be collected in a manner prescribed by the Police Department and remitted to the city Finance Department. SECTION 5. The city Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 3rd ATTEST: \ , 1992. of Arcadia Ci 3 5698 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5698 was passed and adopted by the city Council of the city of Arcadia, signed by the Mayor and attested to by the city Clerk at a regular meeting of said council held on the 3rd day of November, 1992 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Ciraulo, Harbicht, Lojeski, Margett and Fasching NOES: None ABSENT: None ~J~~ , y Clerk 0 he City of Arcadia 4 5698