AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 19-001271
MEETING DATE:	11/17/20
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	All Districts
SUBMITTING Agency/Department:	Sheriff-Coroner (Approved)
Department contact person(s):	Brian Wayt (714) 647-1803
	Noma Crook (714) 834-6681

Subject: Approve New Administrative Fee for Vehicle Removal, Impound, Storage or Release

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Resolution to Form

Public Hearing

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: N/A

Annual Cost: See Financial Impact Section

Staffing Impact:

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: $113,690

Funding Source: Other: 100% (Fees)	County Audit in last 3 years: No

Prior Board Action: 3/28/2000 #38

RECOMMENDED ACTION(S):

Find that the proposed fee is Statutorily Exempt from the provisions of CEQA pursuant to Section 21080(b)(8) of the Public Resources Code and Section 157273 of the CEQA Guidelines as the establishment of modification of rates, fees and charges, which are for the purpose of meeting operating expenses, including employee wage rates and fringe benefits, purchasing or leasing supplies, equipment or materials as set forth herein.

Conduct the public hearing.

Adopt a Resolution that:

a.	Finds that adoption of the Resolution approving the fee is statutorily exempt from the provisions of CEQA pursuant to Section 21080(b)(8) of the Public Resources Code and Section 15273 of the CEQA Guidelines as the establishment or modification of rates, fees and charges, which are for the purpose of meeting operating expenses, including employee wage rates and fringe benefits and purchasing or leasing supplies, equipment or materials.
b.	Finds that the fee meet the requirements set forth in subdivision (e)(2) to Section 1 of Article XIIIC of the California Constitution, and is therefore exempt from the definition of a tax as used therein.
c.	Finds that the revenue resulting from the fee established pursuant to this Resolution will not exceed the Sheriff-Coroner Department’s reasonable cost for vehicle removal, impound, storage or release.
d.	Approves the proposed new administrative fee for the Sheriff-Coroner Department’s removal, impound, storage or release of vehicles, from $50 to $144, and from $152 to $144, effective November 17, 2020, and superseding Resolution No. 00-96.

SUMMARY:

Approval of the new fee will allow the Sheriff-Coroner Department to fully recover the costs for the removal, impound, storage or release of vehicles.

BACKGROUND INFORMATION:

California Vehicle Code, Section 22850.5 authorizes the Board of Supervisors (Board) to establish a fee based on the administrative costs of removal, impound, storage or release of impounded vehicles.

Following a Sheriff-Coroner Department (Sheriff) cost study in 2000, on March 28, 2000, the Board adopted Resolution No. 00-96 establishing a $50 fee for a vehicle impound pursuant to specific Vehicle Code violations and a $152 fee for a vehicle impound due to driving without a license or with a suspended or revoked license to be charged for the removal, impound, storage or release of vehicles. By the same resolution, the Board also approved the establishment of Fund 13B, Traffic Violator Fund.

A cost study was recently prepared by Sheriff's staff to determine the actual current administrative costs associated with the removal, impound, storage or release of vehicles. While in 2000 there was a difference in administrative costs to process the removal of a vehicle based on Vehicle Code 14602 (unlicensed or suspended license of driver) as compared with other legal bases to remove vehicles, that cost differential no longer exists due to advancements in technology for determining licensing status. Accordingly, the fee now proposed following the Sheriff’s 2020 cost study is the same regardless of the legal basis for removal, impound, storage and release of a vehicle. The cost study indicated that the fee should be revised as noted on the table below in order to reflect the current administrative cost for these services.

Service	Current Cost	Proposed Cost
Vehicle removal due to driving without a license or with a suspended or revoked license	$152	$144
Vehicle removal pursuant to other specific Vehicle Code violations	$50	$144

Note that Sheriff does not impose any additional costs for any persons who wish to request an appeal or hearing.

A Notice of Public Hearing has been published to comply with Government Code Section 66018 which requires a local agency to hold a public hearing when new fees are adopted or existing fees are revised. The proposed fee and supporting cost study were reviewed by the Auditor-Controller.

Sheriff now requests approval of a new administrative fee for the removal, impound, storage or release of vehicles for Fund 13B, Traffic Violator Fund, effective November 17, 2020.

Compliance with Proposition 26: The fee does not fall within the definition of a tax under Proposition 26 because it is excepted by California Constitution Article XIIIC, Section 1, Subdivision (e)(2). Subdivision (e)(2) excepts from the definition of a tax, “a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.” This exception applies because the fee amount is limited to no more than what is necessary for Sheriff to recover the reasonable administrative costs for the removal, impound, storage or release of vehicles.

Compliance with CEQA: The adoption of the Resolution approving the fee is statutorily exempt from the provisions of CEQA pursuant to Section 21080(b)(8) of the Public Resources Code and Section 15273 of the CEQA Guidelines as the establishment or modification of rates, fees and charges which are for the purpose of meeting operating expenses, including employee wage rates and fringe benefits and purchasing or leasing supplies, equipment or materials.

FINANCIAL IMPACT:

The proposed new fee will result in full cost recovery of the costs of the removal, impound, storage or release of vehicles. This revenue is included in the FY 2020-21 Budget for Budget Control 060, Sheriff-Coroner and will also be part of the budgeting process for future fiscal years.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Draft Resolution
Attachment B - California Vehicle Code, Section 22850.5
Attachment C - California Vehicle Code, Section 14602
Attachment D - Government Code Section 66018
Attachment E - California Constitution Article XIIIC, Section 1
Attachment F - Fee Checklist and Cost Study
Attachment G - Notice of Public Hearing