HomeMy WebLinkAboutAgenda Bill 3.M 04/07/2003CITY OF PETALUMA, ,CALIFORNIA
AGENDA BILL APR ® 7 2003
Agenda Title
Meeting Date:
A Resolution Of The Council Of The City Of Petaluma Amending
April 7, 2003
Resolution No. 00450 N.C.S. To Rescind Requirements To Create
A Traffic Safety Fund
Meeting Time M 3:00 PM
❑ 7:00 PM
Category (check one) '® Consent Calendar ❑ Public Rearing ❑ New Business
❑ Unfinished Business ❑ Presentation
Department
Director
Contact Person
Phone Number
City Attorney
Richard Rudnansky
Richard Rudnansky
(707) 778 -4362
Cost of Proposal
Account Number
N/A
N/A
Amount Budgeted
Name of Fund:
NIA
N/A
. Attachments to Agenda Packet lien
A resolution of the Council of the City of Petaluma amending Resolution No. 00 -150 N.C.S. to rescind
requirements to create a Traffic Safety Fund.
Summary Statement
Preventing exposure to the City for future litigation and liability, this resolution amends Resolution No. 00-
150 N.C.S. to rescind requirements to create a Traffic Safety Fund and directs that administrative tow fees
collected under the Tow Service Agreement will continue to be placed in the City's General fund as general
revenue.
Recommended City Council. Act Motion
Adopt the attached resolution of the Council of the City of Petaluma amending Resolution No. 00 -150
N.C.S. to rescind requirements to'create a Traffic Safety Fund.
Reviewed by Finance'Directorr
Reviewed by City Attorney
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Approved by Citv Manager:
Date:
DaU—
Today's Date
Revision # and Date`Revised:
File Code:
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April 7, 2003
622798
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CITY OF PETALUMA, CALIFORNIA
APRIL 7, 2003
Agenda Rep_ ort
for
Presentation To Council And Adoption Of A Resolution Of The Council Of The City Of
Petaluma Amending Resolution No. 00 -150 N.C.S. To Rescind Requirements To Create A
Traffic Safety Fund
1. ExECUTIVE SUMMARY This resolution amends Resolution No. 00- 150'N.C.S. to rescind
requirements to create 'a .Traffic Safety Fund and directs that administrative tow fees
collected under the Tow Service Agreement will continue to be placed in the City's
General fund as general revenue..
2. BACKGROUND Adopted on August 7, 2000, Resolution 00 -150 N.C.S. (Resolution)
approved the "Revised. Police Department Tow Service Agreement (Agreement) and
Administrative Tow Fee." The Resolution directed the Chief of the Petaluma Police
Department to implement * the Agreement. The Agreement approved a $253
administrative towing fee which accrued to the City. The Resolution also directed the
City Manager to establish a Traffic Safety Fund (Fund) for the collection of
administrative towing fees under the Agreement. Finally, the Resolution directed that
monies collected in the Fund . be appropriated specifically for the Petaluma Police
Department Traffic Safety Program.
The plaintiffs in Loeffler v. City of Petaluma (United. States District Court, North District
of California: C01 -0395 PJH) sued the City to challenge the Agreement and
administrative towing fee amount. Eventually, the litigation. centered upon the legality of
the Traffic Safety Fund. Defense counsel for the City argued that the legality of the Fund
was unfounded. Viewing the fees collected under the Tow Services Agreement as general
revenue, the Director of Finance never created the Traffic Safety Fund. Instead, these
monies were deposited into the City's General fund.
Nevertheless, the federal magistrate overseeing the case raised concerns that the existence
of the Fund could encourage Petaluma Police to aggressively direct the towing of
vehicles to .benefit the Traffic Safety Program. The City had never actually created the
Traffic Safety Fund but rather lawfully deposited monies instead into the General fund.
To avoid the potential of future liability, the City Attorney's Office. recommends that the
City Council pass a resolution that both officially rescinds the Traffic Safety Fund and
directs that: all fees derived from the Tow Services Agreement be deposited into the
City's General„ ,fund. The City Attorney's Office also recommends that the resolution
acknowledge that the Traffic Safety Fund never was, in fact, created and that receipts
from administrative tow fees have always been placed in the General fund.
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3. ALTERNATIVES The Council could, decide not to pass this Resolution, which could
expose the City to further litigation and liability regarding the Traffic Safety Fund,
4. FINANCIAL IMPACTS None..
5. CONCLUSION Approval of the attached resolution 'amending Resolution No. 00 -1.50
N.C.S. to rescind requirements for the creation of 'a Traffic Safety Fund.,
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPLETION: This amendment, rescinding +requirements contained in Resolution + No.
00 -1'50, N.C.S. to create a Traffic: Safety Fund for administrative tow fees, prevents
exposure to the City for further litigation and liability regarding the Traffic Safety Fund.
7. RECOMMENDATION The Council should approve the attached resolution amending
Resolution No. 00 -150 NC. S. to rescind requirements °for the creation of a Traffic Safety
Fund.
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RESOLUTION NO.
Introduced by
N.C.S.
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Seconded by
AMENDING RESOLUTION NO. 00 -150 NC.S. BY RESCINDING
REQUIREMENTS TO 'CREATE A TRAFFIC SAFETY FUND
WHEREAS, Resolution No. 00 -1 N.C.S. of the City Council of the City of Petaluma,
"Approving the Revised Police _Department Tow Service Agreement and Administrative Tow
Fee," adopted on August 7, 2000, approved a revised Tow Service Agreement and an
Administrative Tow Fee of $253; and
19 WHEREAS, Resolution. No. 00 -150 N.C.S. further directed the City Manager to
20 establish a Traffic Safety Fund forlhe collection of admin strative..tow fees as well as other fees
21 collected under the Tow Service Agreement; and
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23 WHEREAS, notwithstanding the directive contained in Resolution No. 00 -150 N.C.S.,
24 the City has not established a Traffic Safety -Fund; and
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26 WHEREAS; monies collected as administrative tow fees pursuant to Resolution No. 00-
27 150 N.C.S. have only been placed in the City's General fund as general revenue; and
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29 NOW, THEREFORE, BE IT RESOLVED, that those provisions in Resolution No. 00-
30 150 N.C.S., regarding establishment of a Traffic Safety Fund, are hereby rescinded, and monies
31 collected as administrative tow fees will continue to be placed in the City's General fund as
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2 PASSED and ADOPTED this day of April, 2003 by the following vote-
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6 AYES
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8 NOES:
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10 ABSTAIN:
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16 ATTEST: CITY OF PETALUMA
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20 City Clerk
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23 622772
Mayor
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