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HomeMy WebLinkAbout31-Police Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Keith L. Kilmer, Chief of Police Subject: A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ESTABLISHMENT OF A CITY-OWNED VEHICLE IMPOUND FACILITY TO BE OPERATED AND MAINTAINED BY THE CITY OF SAN BERNARDINO POLICE DEPARTMENT Dept: Police Department Date: July 12,2010 MlCC Meeting Date: 11/16/2010 Synopsis of Previous Council Action: 8- I7 -09 Concept presented to the Ways & Means Committee and directed to return with a comprehensive business plan. Business plan presented to Ways & Means Committee. Ways & Means Committee recommended the item be forwarded to the Common Council for consideration. Motion to approve a Police Operated Impound Facility was considered, but not approved by the Mayor and Common Council. Council directed staff to update the business plan for FY 20 I 0/20 11. 3-4-09 7-22-09 8-5-09 7-6-10 Recommended Motion: 1. Adopt resolution; and 2. Add one lieutenant position, Range P4, $11,011; and 3. Establish classification of Police Impound Facility Attendant, Range 1380, $2,954-$3,591; and 4. Approve the job description for the position of Police Impound Facility Attendant and authorize the hiring of two Police Impound Facility Attendants; and 5. Authorize the Human Resources Department to update Resolutiou 97-244 and 2008-33; and 6. Subject to the completion of a public hearing on any new or increased revenue sources and fees, authorize the Director of Finance to amend the FY 2010/11 budget and add the Police Department operated Impound Facility as outlined in this Staff Report and Business Plan. y ild-- ~-- KEITH L. KILMER, CHIEF OF POLICE Contact person: Lieutenant Raymond King Phone: 384-5604 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: Finance Council Notes: Agenda Item No.~ ~ -/l..e -J-11/0 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Approval of the Police Department operated Impound Facility as outlined in the attached Business Plan. BACKGROUND The Police Department previously prepared a Business Plan to implement a Police Department operated Impound Facility for the FY 2009/2010 budget. Following presentations to the impacted tow carriers and the Ways and Means Committee the Business Plan was submitted to the Council on August 17, 2009; however, the Business Plan was not approved at that time. Although forwarded to the full Council from the Ways and Means Committee, the item was rejected by the Council at the August 17,2009 Council meeting. On July 6, 2010, the Council requested the Police Department to update the Business Plan for FY 20 I 0/2011. During the initial analysis in 2009 the concept was evaluated by both the Police Department and Facilities Management from a program management perspective. The cost difference between the two analysis conducted by separate departments was marginal. Due to security concerns and operational control the City Manager and Police Department mutually agreed that Police Department management of the Impound Facility was the best approach. City staff members have evaluated several similar programs in several other local communities and have developed a best practice approach for the City of San Bernardino. Other communities operating similar programs include the City of Colton, City of Claremont, City of Upland, City of Placentia, and the City of Long Beach. Highlights of this Business Plan (Exhibit A) include the following: . This Business Plan maintains a relationship with all of the existing tow carriers that are currently on the City's tow rotation. These independent tow carriers will continue to perform all of the towing services they currently provide for the City under each respective Towing Service Agreement ("TSA"). . Each tow carrier pays a flat-rate franchise fee under the guidelines of the TSA. This fee will be reduced for each tow carrier by using a 10% model based on the gross tow revenue generated through City business. . The City will procure property for use as an Impound Facility and maintain possession of all "impounded" vehicles. These are vehicles held for a legal reason such as driving with a suspended driver's license or when a driver was never issued a driver's license or driving a vehicle with registration that has been expired in excess of six months. The tow carriers will maintain possession of all "stored" vehicles. Police Officers will direct the tow carrier to the appropriate facility when towing a vehicle whether for storage or for impound purposes. . A detailed revenue and expense plan, which includes initial expenses, 6 month and full year estimates, and a summary of the costs that will be recovered by the General Fund from the Police Department operated Impound Facility. . A comparison of towing, storage, impound and lien-sale operations as they currently exist and under the recommended proposal. This Police Department Business Plan will require the addition of new positions to complement existing Police Department staff. The attached resolution amends each existing Towing Service Agreement ("TSA") and modifies the method of calculation of the franchise fee to be equal to ten percent (10%) of the City generated gross revenues from towing for both storage and impounds and the storage costs of vehicles other than impounded vehicles. The Resolution also authorizes the execution of a lease agreement with the San Bernardino International Airport Authority ("SBIAA") for an initial site of 3.5 acres on the recently paved lot covering the former NAFB landfill on Third Street west of Alabama A venue. It is intended that this action will fully implement all steps required for the City to proceed with the initiation of the Police Department operated Impound Facility by January 1,2011, or sooner. TOW SERVICE AGREEMENT CHANGES: In 2005, the existing Tow Service Agreement ("TSA") between the City of San Bernardino and the six tow carriers that perform towing operations for the Police Department was approved by the City Council (Resolution 2005-286). This current agreement updated the previous agreement from 1999 (Resolution 99-86). In 2008 (Resolution 2008-347), the current agreements were amended to include a minor language changes. In 2010 (Resolution 2010-28) further amendments were adopted to set the current franchise fee of $31,689 per month divided among the current tow carriers on the Police Department rotation. In preparation for this Police Impound Facility operation, there was a full review of the TSA by Police Department staff members and legal counsel. Changes have been noted that will accommodate the program and cause for a new agreement to be established through the recommended amendments, subject to the approval of such changes and amendments by the City Attorney. The following is a synopsis of the significant changes that are recommended: . Requirement that the towing carrier photograph vehicles when taking possession in order to document the condition of the vehicle. This is a mechanism being put into place to effectively deal with claims of damage and theft. . Language that will allow for impounded vehicles to be delivered to the Police Impound Facility while stored vehicles continue to be maintained by the towing carrier. This rule is a general guideline as final authority on where a vehicle is to be taken to will rest with the impounding/towing officer. . Amending the franchise fee that is currently paid by the tow carriers. The new language will establish a franchise fee of 10% of the base gross tow revenue generated through City business. This language will include a requirement that each carrier provide an itemized list of each vehicle and applicable charges related to that vehicle for each service call. . Establishing language that will allow the City to collect tow charges for vehicles in the Police Impound Facility inventory and reimburse the tow carrier for those charges when collected by the City. PERSONNEL CONSIDERA nONS The implementation of the Business Plan requires the addition on one new lieutenant position and the establishment of a new classification entitled Police Impound Facility Attendant (see attachment A - Class Specification - Police Impound Facility Attend). The necessary actions suggested in this staff report are in the form of the motions and all actions required to staff the Police Impound Facility and to establish the necessary personnel positions and budget adjustments. ESTABLISHMENT OF DAILY IMPOUND RATE: The Resolution also declares the intent of the City to establish an interim daily impound rate of $40.00 per day per vehicle, subject to a later conducted public hearing on the matter for the storage of impounded vehicles at the Police Impound Facility. The City is presently in the process of updating the entire City fee structure through a consultant to take action on this update by the end of the year 2010. This interim daily impound rate will be re-evaluated during the upcoming Citywide fee study. FINANCIAL IMPACT The Business Plan includes six months of estimated revenues and expenditures for the Impound Facility. If the Business Plan for the Impound Facility is approved, the attached resolution and amendment to the TSA fully implements the impound yard program including a modification of the franchise fee to be paid as set forth in the Business Plan. This Business Plan proposal has a positive financial impact on the City's General Fund in that many existing City expenses related to the privately operated impound yards and the impounding of vehicles are paid by the General Fund without the present ability to recover but a minor portion of the actual City General Fund costs. It is estimated that by establishing the Police Department operated Impound Facility, approximately $425,851 can be recouped for the City General Fund in FY 2010/2011 and an estimated minimum of $1,000,000 annually thereafter as summarized in Attachment B. CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA) The San Bernardino International Airport Authority received approval from State and federal regulatory agencies for its 2007 Closure PlanJPost Closure Plan which outlined the remediation activities at the former landfill site. The SBIAA later prepared an addendum to that plan to allow an end use as a parking facility. On March 25, 2009, the SBIAA adopted a Mitigated Negative Declaration and approved the Landfill Parking Facility Project. The use of a portion of the site for the Police Department Impound Facility is within the scope of the addendum. RECOMMENDATION I. Adopt resolution; and 2. Add one lieutenant Position, Range P4, $11,011; and 3. Establish classification of Police Impound Facility Attendant, Range 1380, $2,954- $3,591; and 4. Approve the job description for the position of Police Impound Facility Attendant and authorize the hiring of two (2) Police Impound Facility Attendants; and 5. Authorize the Human Resources Department to update Resolution 97-244 and 2008-33; and 6. Subject to the completion of a public hearing on any new or increased revenue sources and fees, authorize the Director of Finance to amend the FY 2010/11 budget to add the Police Department operated Impound Facility as outlined in this Staff Report and Business Plan. ATTACHMENTS: Attachment A - Job Summary - Class Specification Attachment B - Cost Recovery Summary Sheet Resolution; Exhibit "A" - Business Plan Attachment I - Map Attachment 2 - Financial Projections and Narrative Attachment 3 - Current Structure vs. Recommended Structure Summary ,i. ,~..l 1 ',. '4 - ""1' ;-~ ......; .. - ...,. ': ~.... --'-01' ,. ~.T ~ ,..; ~..9. ~:f.J;.1~'Y ATTACHMENT A to Staff Report Class Code: MlCC Date Adopted: City of San Bernardino Signature: Bargaining Unit: Director, Human Resources CLASS SPECIFICA nON Police Impound Facility Attendant EEOC Job Category: Semi-skilled JOB SUMMARY Under general supervision, performs a variety of routine to semi-skilled duties in data and document entry, inventory control, forklift operation, minor preventative vehicle maintenance, and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS Police Impound Facility Attendants perform a variety of routine to semi-skilled duties for the Police Department. Work may require moving vehicles outside of the facility for weekly public auctions. ESSENTIAL DUTIES AND RESPONSIBILITIES The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. 1. Operates equipment and tools, including a forklift, air compressor and battery charger/jump- start box. 2. Receives impounded vehicles, documents the vehicles overall condition, and transfers the vehicle to a location inside the facility. 3. Enters data and downloads photographs into an inventory control computer system. 4. Maintains control over the facility during business operating hours. 5. Retrieves and releases impounded vehicles to the vehicle owner once authorization to release has been granted. 6. Follows safe work practices and procedures in performing assigned duties. QUALIFICATIONS Knowledge of: I. Basic operation of computer operating systems and programs. 2. Basic operation and preventative maintenance of vehicles (i.e. maintaining tire pressure and charging battery systems). 3. Safe working practices and safety equipment related to the work. ATTACHMENT A to Staff Report Ability to: 1. Operate basic computer operating systems and programs. 2. Conduct preventative maintenance to impounded vehicles; such as recharging batteries and inflating tires. 3. Understand and follow oral and written instructions. 4. Keep basic logs and records. 5. Operate a forklift system 6. Establish and maintain effective relationships with those encountered in the course of work. Education, Training and Experience: A typical way of obtaining the knowledge, skills and abilities outlined above is graduation from high school or G.E.D. equivalent, and experience in vehicle and equipment servicing. Additional training may be substituted for the required experience on a year-for-year basis. Licenses; Certificates; Special Requirements: A valid California driver's license and the ability to maintain insurability under the City's vehicle insurance policy. A valid forklift operating certificate. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties ofthis job, the employee is frequently required to use hands to finger, handle, feel or operate objects, tools or controls; and reach with hands and arms. The employee is occasionally required to climb or balance, stoop, kneel, crouch or crawl, walk and sit. The employee is regularly required to talk and hear conversations, equipment operating and warning sounds. The employee must frequently lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, color vision and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions ofthis class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The employee works in typical outdoor storage facility conditions and the noise level is sometimes loud. The employee works near moving mechanical parts and can be exposed to fumes, particles and toxic or caustic chemicals. The employee frequently works in outside weather conditions and is exposed to wet, hot and/or humid conditions. TESTING STANDARDS ATTACHMENT B to Staff Report Police Operated Impound Facility Fiscal Year 2010-2011 COST RECOVERY SUMMARY SHEET CURRENT EXISTING OPERATIONS: Tow Franchise Fees Paid to City $ 380,268 City Operated Impound Facilitv Benefit First 6-months Existing Resources Shifted to Impound Facility Operation $ 537,260 Tow Franchise Fees Lowered for Tow Companies (111,409) Total Net Benefit to City $ 425,851 City Operated Impound Facilitv Benefit 12 - months Existing Resources Shifted to Impound Facility Operation $ 1,319,770 Tow Franchise Fees Lowered for Tow Companies {222.8181 Total Net Benefit to City $ 1,096,952 Los Angeles News- The Informer-LA Weekly -Print Version Page 1 of 2 Robert Rizzo, Disgraced Former Bell City Manager, Pushed Police Hard To Impound Cars By J. Patrick Coolican published:Thu.,Aug.12 2010 @ 9:13PM Entered Into Rec. at MCC/CDC Mtg: � �� �o by, _ Agenda m No: 3l by: ,,k�z /b. City CIerVCDC Secretary City of San Bernardino Bell police faced an unsubtle message: Impound cars,or else Sometime in early 2009,patrol officers for the Bell Police Department were given an ultimatum:If they didn't help fill city coffers by stepping up their towing and impounding of cars, Bell would have to lay off four fellow officers. That order followed a decade of similar edicts pushing an abusive impound policy that came down from Robert Rizzo,who resigned as city manager last month after the Los Angeles Times revealed he had been making nearly$800,00o per year. The account comes from Officer Kurt Owens and was confirmed by other Bell police officers. Attorney General Jerry Brown and Los Angeles County District Attorney Steve Cooley have opened a wide ranging investigation of the city,its opaque finances and potential voter fraud there. Owens,who is vice president of the Bell Police Officers Association,described to the Weekly a dysfunctional police department,frequently in disarray.The police department has cycled through six chiefs in a decade, each one a pawn of Rizzo or pushed out because he refused to become one,Owens said.The last chief, Randy Adams,was making more than $450,00o per year before he also resigned last month. Patrol officers,meanwhile,were forced to act as the city's de facto tax collectors via the questionable impound policy. The problems all started with Rizzo,who interfered increasingly in police business in the late 9os, before beginning to push for car impounds around 2001 or 2002,Owens said. For a time Owens was impounding five,six,even seven cars a day. 'You're doing nothing all day but looking for impounds,"he said. Los Angeles News -The Informer-LA Weekly -Print Version Page 2 of 2 The officers had a term for it: "Profiling for impounds."It wasn't racial or ethnic profiling,officers said --Bell is 90 percent Latino. They figured cars in some disrepair were more likely to be driven by an unlicensed driver,which made it an easy impound. "We looked for piece of shit cars,"said one Bell officer,who fears retribution and so was granted anonymity to speak freely. Officers had another term for all the impound work: "Impound roulette."As in Russian roulette.The push to impound cars required more stops,and each stop brought the risk of something going awry or turning violent "You never know when you're going to stop that one guy.You're rolling the dice,"Owens said. "It sacrificed officer safety,"said the second officer. Although there was no quota in writing,officers knew that a day with less than three impounds would bring trouble,they said.They also had impound checkpoints on some days,as well as"traffic detail"-- a euphemism for two officers doing nothing but impound work for their entire shift. Hector Villagra,legal director for the ACLU of Southern California,said the impound policy was constitutionally dubious.The police can seize a car only under the"community caretaker"exception to the Constitution's Fourth Amendment ban on unlawful seizure. Police must show they had to seize the car to protect the public from harm,Villagra said.If they cant show they were protecting the public by seizing the cars,they have violated Constitutional rights.Any hint of a quota--however oblique-- could be read as a policy to encourage the officers to violate the Fourth Amendment,Villagra said. As for"impound profiling,"Villagra said police have to have reasonable suspicion of some illegal Villagra activity for a stop."You can't stop in the hopes you might be able to impound.That's ridiculous,"he said. The officers hated the policy,and after a time,Owens refused to enact it. 1 But officers said the pressure was intense,which is easily explained: For the city,the impounds were lucrative.Unlicensed drivers had to pay$350 just to recover their cars from the impound lot. Drivers whose licenses were suspended couldn't pick up their car--if it was registered to them alone--for 30 days,with an additional$27 per day storage fee.This,in a city where the median household income was$9,00o below the rest of California--before the recession hit immigrant communities especially hard. All told,as the Times first reported,the city collected$574,00o from"unlicensed driver release" revenues during the most recent fiscal year. The officers sometimes wondered where all the money went.While command staff were making healthy six-figure salaries and getting new cars and equipment,the rank-and-file were thinned out and left with aging cars and gear,Owens said.The department had more than 20 officers at one time,but is now in the low teens. A current officer said they were told there was no money for quarterly training at the firing range because the city could not pay for ammunition,overtime or the range rental fee.