HomeMy WebLinkAboutCC RESO 98-8RESOLUTION NO. 98 — 8
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING
THE CITY MANAGER TO APPLY FOR, ACCEPT
AND EXPEND THE NATIONAL CITY SERIOUS
TRAFFIC OFFENDERS PROGRAM (STOP)
GRANT FROM THE CALIFORNIA OFFICE
OF TRAFFIC SAFETY
WHEREAS, the City of National City desires to implement a program called the
National City Serious Traffic Offenders Program (STOP), to be funded in part by a
grant from the California Office of Traffic Safety (OTS), and by a One Hundred and
Twenty-five Dollar ($125.00) Unlicensed Driver Vehicle Impound Fee; and
WHEREAS, the purpose of the STOP program is to identify, cite, and impound
the vehicles of drivers who are unlicensed or whose licenses have been suspended or
revoked pursuant to authority granted by California Vehicle Code Sections 14602.6,
14607.6, 22651(p), 22651(h), and 22651(h)(2), for offenses committed by those drivers
while driving with no license or on a suspended or revoked license, or any other
offense when that person is arrested and taken into custody; and
WHEREAS, California Department of Motor Vehicles data indicates that there
are approximately 2,067 drivers in the City of National City whose drivers' licenses
have been suspended or revoked, and the number who have never been licensed or who
continue to drive on an expired license is unknown; and
WHEREAS, approximately forty-seven percent of all fatal or felony collisions,
or both, investigated by the National City Police Department involve drivers who are
unlicensed, or are driving with a suspended or revoked license; and
WHEREAS, California Vehicle Code Section 22850.5 authorizes city
governments to collect fees that are reasonable and directly related to services
provided; and
WHEREAS, a detailed study indicates that an Unlicensed Driver Impound Fee
of One Hundred and Twenty-five Dollars ($125.00) is a current, conservative and
reasonable estimate of Police Department costs for documenting, researching,
prosecuting, tracking and releasing the subject impounded vehicles; and
WHEREAS, OTS funding of the STOP grant is contingent upon the City's good -
faith effort to implement a cost -recovery Unlicensed Driver Vehicle Impound Fee on
targeted drivers.
Resolution No. 98 - 8
Page Two
NOW THEREFORE, BE IT RESOLVED by the Council of the City of National
City, that the City Manager be and is hereby authorized and empowered, for and on
behalf of the City of National City, to apply for, accept and expend the National City
Serious Traffic Offenders Program (STOP) grant from the California Office of Traffic
Safety, as described in the final Award Document approved by OTS.
BE IT FURTHER RESOLVED, that this authorization shall include all aspects
of the program operation including any amendments, matching resources, extensions,
renewals, or future funding for this program for a period of up to five years, provided
funding is made available by the California Office of Traffic Safety, and to certify that
the City will comply with all applicable statutory or regulatory requirements to said
program.
BE IT FURTHER RESOLVED, that any resources received from this grant
shall not be used to supplant expenditures by this body.
BE IT FURTHER RESOLVED, that all Unlicensed Driver Vehicle Impound
Fee funds collect under the authority of this Resolution shall be used exclusively for the
STOP program.
BE IT FURTHER RESOLVED, that an Unlicensed Driver Vehicle Impound Fee
in the amount of One Hundred and Twenty-five Dollars ($125.00) per impound is
hereby adopted by the City for the purpose of recovering costs of the Police
Department STOP Program vehicle impound expenses, and that that fee shall be in
addition to and exclusive of any current or future administrative fee(s) levied by the
City relating to vehicle impounds and other fees or costs associated with towing and
storage related to vehicle impounds.
BE IT FURTHER RESOLVED, that the effective date of the Unlicensed Driver
Vehicle Impound Fee shall be thirty (30) days from and after the passage of this
Resolution.
BE IT FURTHER RESOLVED, that the Unlicensed Driver Vehicle Impound
Fee shall be levied upon each vehicle impound, where the vehicle is impounded for the
reasons stated above where the driver is unlicensed or whose license is under
suspension or revocation, except in the following circumstances:
1. Impounded vehicles which at the time of impound were reasonably
claimed or believed to be stolen from the legal owner shall be exempt
from the Unlicensed Driver Vehicle Impound Fee; and
Resolution No. 98 - 8
Page Three
2. Police Department officials shall have the authority to waive, forego or
excuse the Unlicensed Driver Vehicle Impound Fee on a case by case
basis in situations which may arise that warrant the exercise of prudent
discretion in levying this fee.
BE IT FURTHER RESOLVED, that the Council hereby authorizes the City
Manager, by and through the Chief of Police, to execute all aspects of the Unlicensed
Driver Vehicle Impound Fee collection and program operation, including any
amendments thereof, and to certify that the City will comply with all applicable
statutory or regulatory requirements related to said program.
BE TT FURTHER RESOLVED, that the City Clerk be authorized to include the
Unlicensed Driver Vehicle Impound Fee in the National City Fee Schedule.
PASSED and ADOPTED this 20th day of January, 1998.
Georg��� e Haters, Mayor
Al 1EST:
Iff
hael R. DaCity Clerk
APPROVED AS TO FORM:
1.4.41,"41 4"0-1A's11
d'11/'George H. Eiser, III
City Attorney