HomeMy WebLinkAboutCC RESO 2011-175•
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RESOLUTION NO. 2011 — 175
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING
THE CITY MANAGER TO APPLY FOR, ACCEPT
AND EXPEND THE NATIONAL CITY NEGLIGENT
VEHICLE IMPOUND AND RELEASE (NVIR) FEE
WHEREAS, the City of National City desires to implement a program called the
National City Negligent Vehicle Impound and Release ("NVIR") Program, a Fifty -Five Dollar
($55.00) vehicle impound fee; and
WHEREAS, the purpose of the NVIR program is to identify, cite, and impound
the vehicles under the authority and thereby granted by California Vehicle Code ("CVC")
Sections for 22500 et seq. CVC, 22500.1 CVC, 22651(a) CVC, 22651(b) CVC, 22651(d) CVC,
22651(e) CVC, 22651(h) CVC, 22651(i) CVC, 22651(j) CVC, 22651(k) CVC, 22651(1) CVC,
22651(m) CVC, 22651(n) CVC, 22651(o)(1) CVC, 22651(p) CVC, 22651(r) CVC, 22652 CVC,
22653(c) CVC, 22655(a) CVC, 22656 CVC, 22669 et seq. CVC, 11.32.060 NCMC, 11.32.070
NCMC, 11.32.160 NCMC, 11.32.250(e) NCMC; 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 fee study was conducted that indicated that a fee of One Hundred
Twenty -Four Dollars ($124.00) is a current, conservative and reasonable estimate of Police
Department costs for documenting, researching, prosecuting, tracking, and releasing the subject
impounded vehicles; and
NOW THEREFORE, BE IT RESOLVED that the Council of the City of National
City hereby authorizes and empowers the City Manager, on behalf of the City of National City,
to implement, collect, and expend the National City Negligent Vehicle Impound and Release
Fee.
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 the Negligent Vehicle Impound and Release Program, 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 the Negligent
Vehicle Impound and Release Fee shall not be used to supplant expenditures by this body.
BE IT FURTHER RESOLVED, that all Negligent Vehicle Impound and Release
Fee funds collected under the authority of this Resolution shall be used exclusively for the
Negligent Vehicle Impound and Release Program.
BE IT FURTHER RESOLVED, that a Negligent Vehicle Impound and Release
Fee in the amount of One Hundred Twenty -Four Dollars ($124.00) per impound is hereby
adopted by the City Council for the purpose of recovering costs of the Police Department's
Negligent Vehicle Impound and Release Program vehicle impound expenses, and that the 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.
Resolution No. 2011 — 175
Page 2
BE IT FURTHER RESOLVED that the effective date of the Negligent Vehicle
Impound and Release Fee shall be thirty (30) days from and after the passage of this
Resolution.
BE IT FURTHER RESOLVED, that the Negligent Vehicle Impound and Release
Fee shall be levied upon each vehicle impound, where the vehicle is impounded for the
following reasons:
Violation of the following California Vehicle Code Sections: 22500 et seq. CVC, 22500.1
CVC, 22651(a) CVC, 22651(b) CVC, 22651(d) CVC, 22651(e) CVC, 22651(h) CVC,
22651(i) CVC, 22651(j) CVC, 22651(k) CVC, 22651(1) CVC, 22651(m) CVC, 22651(n)
CVC, 22651(o)(1) CVC, 22651(p) CVC, 22651(r) CVC, 22652 CVC, 22653(c) CVC,
22655(a) CVC, 22656 CVC, 22669 et seq. CVC, 11.32.060 NCMC, 11.32.070 NCMC,
11.32.160 NCMC, 11.32.250(e) NCMC; and
BE IT FURTHER RESOLVED, that Police Department officials shall have the
authority to waive, forego or excuse the NVIR Fee on a case by case basis in situations which
may arise that warrant the exercise of prudent discretion in levying the Negligent Vehicle
Impound and Release Fee.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City
Manager, by and through the Chief of Police, to execute all aspects of the Negligent Vehicle
Impound and Release 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 the Negligent Vehicle Impound and Release Program.
BE IT FURTHER RESOLVED that the City Clerk be authorized to include the
Negligent Vehicle Impound and Release Fee in the National City Fee Schedule.
PASSED and ADOPTED this 2nd day of August, 21.
on Morrison, M yYirr
ATTEST:
Mich , ity Clerk
h el R. Dalla
OVED : TO FORM:
C'.ia G.
Ci Attorney
Passed and adopted by the Council of the City of National City, California, on August 2,
2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City CI rk of the City f National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-175 of the City of National City, California, passed and
adopted by the Council of said City on August 2, 2011.
City Clerk of the City of National City, California
By:
Deputy