HomeMy WebLinkAboutRES 2009-39RESOLUTION 2009- 39 A RESOLUTION OF THE CITY OF DIAMOND BAR CITY COUNCIL ESTABLISHING FEES FOR THE RELEASE OF STORED AND/OR IMPOUNDED VEHICLES AND RESCINDING RESOLUTION 1992-05 IN ITS ENTIRETY A. RECITALS. WHEREAS, the provisions and laws of the State of California authorize the City of Diamond Bar to establish rates, fees, and charges for municipal services provided they do not exceed the estimated reasonable cost of providing such services; and WHEREAS, the City Council of the City of Diamond Bar has established various schedules of rates, fees, and charges, including but not limited to, rates, fees, and charges for the processing of applications, issuances of permits, and related public services including those for the release stored and/or impounded vehicles; and WHEREAS, vehicles subject to storing or impounding fees include, but are not limited to; abandoned vehicles, vehicles unregistered for more than one year, vehicles creating a hazard, vehicles blocking a driveway with no immediate remedy available, vehicles operated by an unlicensed driver or driver with a suspended license, vehicles with more than five outstanding parking citations, or situations in which the driver is arrested and it is not feasible or practical to park and lock the vehicle; and WHEREAS, the City desires to pass the cost of all mandated vehicle storage and impound penalty charges through to violators. WHEREAS, California Government Code Section 66018 requires notice to be published in accordance with California Government Code 6062a and data made available concerning rates, fees, and other charges prior to conducting a public hearing with respect to the adoption of increases in rates, fees, and charges or the adoption of new rates, fees, and charges for which no other procedure is provided by law; and WHEREAS, on September 1, 2009, the Diamond Bar City Council conducted and concluded a duly noticed public hearing with respect to fees for the release of stored and/or impounded vehicles prior to the adoption of this resolution. B. RESOLUTION. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Diamond Bar hereby adopts a fee of $100 for the release of stored and/or impounded vehicles. SECTION 2. The vehicle storage/impound fee of $60 initially established by the City Council in Resolution 1992-05 is hereby replaced in its entirety by the fee set forth in Section 1. 2009-39 SECTION 3. Each year, upon adoption of the municipal budget, the fee shall be adjusted by the percentage change in the City's public safety contract cost from the previous year. SECTION 4. The resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED THIS 1st DAY OF SEPTEMBER 2009. Ron Everett, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on 1st day of September, 2009, by the following vote: AYES: COUNCIL MEMBERS: Chang,Tanaka, Tye, MPT/Herrera NOES: COUNCIL MEMBERS: M/Everett ABSENT:. COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None �11 )11/1',— 01 , i f DI Tommie Cribbins, City Clerk City of Diamond Bar 2009-39