HomeMy WebLinkAboutStaff ReportNATIONAL CITY POLICE DEPARTMENT
MEMORANDUM
DATE: April 25, 2013
TO: Keith Fifield, Lieutenant
FROM: Graham Young, Sergeant
SUBJECT: Staff Report on a Request to Increase the Tow Fees by Tow
Contractors
On April 2, 2013, a Resolution was brought before the City Council to increase
the tow fees requested by the Moynahan Towing and Road One Towing. The
Resolution was continued to the May 7th City Council meeting to provide an
opportunity to clarify questions presented at the meeting.
On April 17, 2013, Police Department staff met with the tow operator
representatives from Road One and Tom Moynahan Towing to discuss the
questions conveyed at the National City Council meeting of April 2, 2013
The following are the responses (italicized) to the questions (bold) presented:
What is the Justification for the increase in fees?
These increases are needed due to an increase in labor costs, fuel costs,
insurance costs and a 20%-40% increase in workman's compensation costs.
Additionally, the decrease of 30% in the volume of tows that could possibly be
attributed to a reduction in the number of DUI checkpoints as a result in lower
grant funding, the adoption by the State Legislature of Assembly Bill 353 and the
reduction of the number of motor officers in the field.
The current fees per the "Tow Fee Schedule" are: $160.00 for a basic tow;
$185.00 for a medium tow and $40.00 a day for storage. The current request by
both tow contractors is for $190.00 fora basic tow; $210.00 fora medium size
tow and $48.00 a day storage fee, would bring the tow contractor's fees to the
middle of the tow fee schedule.
The requested tow increases would place the two tow companies in the middle of
the pack in regards to the fee schedule for all the agencies within the County.
Currently, they are the lowest in the County in the fee schedule.
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Number of "Victim and Witness Tows" per year and how much we were
charged in fees for those tows?
EvidenceNictim Fees PD paid to tow companies:
FY 2012 = $1,005.00 — 7 tows
FY 2013 = $1, 520.00 -- 7 tows
If the Police Department had a flat fee of $75.00 for evidentiary/victim vehicles
then the Department would have paid $525.00 in FY 2012 and $525.00 in FY
2013
Do the other agencies have Victim and Witness towing fees, or do they just
charge for basic tow and storage etc...if so, how much do they charge for
V!W tows if different from basic tow costs?
A survey of other agencies showed there are no other agencies that have a
Victim/Witness/Evidentiary tow fee.
Costs of daily STOP fees, Tow, storage for 30-Day impounds?
On a 30-Day impound, the STOP and NVIR Fees are a one-time fee and do not
reoccur daily. The one time STOP fee is $150. The Negligent Vehicle Impound
Release (NVIR) fees are a one-time non -reoccurring fee of $124.
The STOP program commenced in January of 1998 when it was adopted by the
City Council under Resolution 98-8 for the purpose of establishing an
"Administrative Tow Fee" and an attempt to reduce the identified problem of
driver's who had suspended driver's licenses causing fatal traffic collisions and
felony related traffic incidents. At the inception of this program, unlicensed and
suspended drivers accounted for 47% of the fatal and felony traffic cases. The
goal of the project was to take chronic offenders off the streets by means of
impounding their vehicles or arrests in order to protect the citizens of National
City.
Can the 30-Day impounds be reduced to reduce the cost to the person who
had their vehicle impounded?
The California Vehicle Code (Per 14602.6) states, "Whenever a peace officer
determines that a person was driving a vehicle while his or her driving privilege
was suspended or revoked, driving a vehicle while his or her driving privilege is
restricted ( pursuant to Section 13352 or 23575) and the vehicle is not equipped
with a functioning, certified interlock device, or driving a vehicle without ever
having been issued a driver's license, the peace officer may either immediately
arrest that person and cause the removal and seizure of that vehicle or, if the
vehicle is involved in a traffic collision, cause the removal and seizure of the
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vehicle without the necessity of arresting the person in accordance with Chapter
10 (commencing with Section 22650) of Division 11. A vehicle so impounded
shall be impounded for 30 days".
Through a "post -storage impound hearing" certain circumstances are taken into
account or consideration to whether or not a vehicle will be released early.
Examples of these circumstances are whether or not the registered owner gave
permission for a person to drive their vehicle who did not have a valid driver's
license; the registered owner has had their license reinstated after it was
suspended, the registered owner obtained a driver's license when they
previously did not have one, etc.
One of the reasons the hearing officers are strict in releasing vehicles from a 30-
day hold during the post -storage impound hearing is because of liability. If the
hearing officer releases a vehicle early to a person who does not have a valid
license, the Police Department and City could be held liable if the person who the
vehicle was released to is involved in a traffic collision.
The "post -storage impound hearing" is not the final word on the matter of
releasing the vehicle early. if the registered owner is not successful in having
their vehicle returned to them through the post -storage impound hearing, the
registered owner may seek an appeal from the San Diego Superior Court. If the
registered owner shows good cause for the vehicle to be released and the
presiding judge releases the vehicle, then the registered owner returns to the
Police Department and the Police Department is mandated to release the vehicle
through a court order. There is no liability on the police department for releasing
the vehicle early with a court order and the courts and judges have absolute
immunity when it comes to liability.
These increases would have a negative affect for average citizens in
National City.
National City residents are not mandated to use the two tow contractors for
private "every -day" business use; they can use such companies as Western
Towing, JC Towing, Cortez Towing, etc. When police officers respond to
collision scenes within the borders of National City, the officers generally ask the
individual what private tow company they would like to use for a tow if their
vehicle is immobile. These increases would impact those individuals who are
violating the law by driving on a suspended/revoked or non -valid driver's license.
These are the individuals who should not be driving and putting National City
residents at risk. The Department has experience at DUI checkpoints that the
majority of the 30-day holds on vehicles at these checkpoints are from non-
residents of National City who are passing through the City.
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Number of tows for each category, i.e. Basic Tow, medium tow and Large,
and the percentage of each?
Road One: From the beginning of the current tow contract through March
2013 records show; 1515 tows of which only 35 were 'Medium Duty or
Heavy Duty' or 2.31% of the calls. 97.69% of the calls have been for
basic or light duty tows.
Moynahan Towing: From the beginning of the current tow contract
through March 2013 records show; 1349 tows of which only 20 were
'Medium Duty or Heavy Duty' or 2.70% of the calls. 97.30% of the calls
have been for basic or light duty tows
Graham Youn • ` Sergeant
National City Police Department
Traffic Division
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