Resolution Number 24-09-03-0161147.00130\42528473.1
RESOLUTION 24-09-03-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE ORANGE
COUNTY SHERIFF’S DEPARTMENT’S TRAFFIC VIOLATOR
APPREHENSION (TVAP) FEE INCREASE
WHEREAS, the Orange County Sheriff’s Department (“OCSD” or “Sheriff”) instituted a Traffic Violator Apprehension Program (TVAP) (“Program”) designed to reduce vehicle accidents caused by unlicensed drivers, drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation and vehicle parking; and,
WHEREAS, the OCSD operates said Program in the unincorporated areas of Orange County and in the cities of Orange County that contract for the Sheriff’s law enforcement services; and,
WHEREAS, Vehicle Code section 22850.5 authorizes the County Board of Supervisors, by resolution, to establish a fee equal to the administrative costs relating to the removal, impound, storage or release of properly impounded vehicles (“Police Tow Fee”); and,
WHEREAS, a 2024 cost study conducted by the OCSD showed that the administrative costs relating to the removal, impound, storage or release of vehicles properly impounded pursuant to the Vehicle Code are at $174.00 per removal; and,
WHEREAS, on June 25, 2024, based upon the cost study, the OCSD proposed and the County Board of Supervisors adopted Resolution 24-085 approving an increase of the current Police Tow Fee from $144.00 to $174.00 effective July 1, 2024 (“County Resolution”); and,
WHEREAS, in a memorandum dated July 15, 2024, the OCSD notified the City of San Juan Capistrano (“City”) of the County Resolution, which resolution is hereby incorporated by reference, advising the City that City Council’s adoption of the new fee is required to continue Sheriff’s provision of TVAP services to the City.
WHEREAS, the City contracts with the OCSD for law enforcement services pursuant to that certain Agreement between the City of San Juan Capistrano and the County of Orange, commencing July 1, 2020, and last amended June 18, 2024; and,
WHEREAS, a notice of public hearing with respect to the proposed fee increase was given according to California Government Code Sections 66018 and 6062a; and,
WHEREAS, a public hearing pertaining to adoption of the OCSD’s fee increase was held at a regular meeting of the City Council on September 3, 2024.
61147.00130\42528473.1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY RESOLVE, AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated
herein and made an operative part of this Resolution.
SECTION 2. As a participant in the Traffic Violator Apprehension Program, the
City Council hereby adopts the increased fee of $174.00 as approved by the County
Board of Supervisors on June 25, 2024, pursuant to Vehicle Code section 22850.5, and
the provisions set forth in the County Resolution that govern imposition of or adjustments
to the fee. The County Resolution allows the Sheriff to adjust the fee starting July 1, 2025,
not to exceed the annual percentage of the Los Angeles-Long Beach-Anaheim “all items”
Consumer Price Index, provided that the amount does not exceed the actual costs to the
Sheriff as determined by additional cost studies for the fee adjustment.
SECTION 3. This Resolution shall become effective immediately upon its adoption.
The City Clerk of the City of San Juan Capistrano shall certify as to the adoption of
this Resolution.
PASSED, APPROVED, AND ADOPTED this 3rd day of September, 2024. ________________________________ Sergio Farias Mayor
ATTEST:
____________________________
Christy Jakl City Clerk
61147.00130\42528473.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Christy Jakl, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 24-09-03-01 was duly adopted by the City Council of
the City of San Juan Capistrano at a Regular meeting thereof, held the 3rd day of
September 2024, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Taylor, Campbell, Bourne and Mayor Farias
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
____________________________
CHRISTY JAKL, CITY CLERK