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ATT A(0 M F-N <br />CITY OF COLTON <br />AGENDA REPORT <br />FOR THE COUNCIL MEETING OF NOVEMBER 15, 2005 <br />TO: Honorable Mayor and City Council Members <br />FROM: Ken Rulon, Chief of Police <br />SUBJECT: Conceptual Approval of Proposed Police Department Impound <br />Lot, Police Substation, and Budget Amendment. <br />DATE: November 8, 2005 <br />BACKGROUND: <br />In January 1995, California Vehicle Code section 14602.6 was amended to allow police <br />departments to implement programs to recover costs associated with towing vehicles of <br />drivers who are unlicensed or driving under a suspended or revoked license, as well as <br />towing vehicles involved in traffic collisions. Under this authority, in March 2000 the City <br />Council adopted Resolution No. R-20-00, which implemented the Vehicle Impound Traffic <br />Enforcement Program ("VITEP") and adopted administrative and processing fees for the <br />City's vehicle impound services. <br />Vehicle Code section 14602.6 also allows cities to act as the impounding agency and <br />recover the costs associated with towing and storage of impounded vehicles, in addition <br />to administrative costs. The City has been developing a program for an impound lot for <br />storage of towed vehicles. On November 1, 2005, the Council approved a Capital <br />Improvement Plan ("CIP") amendment to include the proposed impound lot. Resolution <br />R-20-00 allows for administrative fees to be paid to the Police Department to promote <br />VITEP and to allow certain expenditures for the program, according to Section 9 of the <br />resolution, which "shall include but not be limited to purchase of equipment, contractual <br />services, material and supplies, any technology... and personnel costs specifically <br />provided to the Vehicle Impoundment Traffic Enforcement Program." <br />ANALYSIS / DISCUSSION: <br />Currently the City's franchise tow companies are towing vehicles within the City and <br />storing those vehicles at their facilities for a daily storage fee recovered by each storage <br />facility. As mentioned above, the Vehicle Code allows for a city to act as its own <br />impounding agency and to recover the costs of all towing, storage and administrative <br />charges accumulated for each vehicle impounded. This cost recovery includes vehicles <br />sold through the lien sale process. The recovered funds, from state and federal asset <br />seizure accounts as well as the VITEP account, are currently being used for VITEP and <br />will enable the Police Department to implement and maintain the proposed impound lot. <br />No General Fund monies will be used to develop or maintain the impound lot program. In <br />compliance with the authority provided in Section 9 of Resolution R-20-00, quoted above, <br />potential uses of the recovered funds could include (to the extent authorized by applicable <br />law, including Article XI, Section 7 of the California Constitution, Government Code section <br />66016 and Vehicle Code sections 14602.6 and 22850.5): <br />1 <br />