HomeMy WebLinkAbout50A - ORD - ROTATIONAL TOWREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 16, 2016
TITLE:
ADOPT AN AMENDMENT TO THE
ROTATIONAL TOW ORDINANCE, SANTA
ANA MUNICIPAL CODE SECTION 32 -107
(STRATEGIC PLAN NO. 7, 5E)
Lori
CITY MANAG
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
As Recommended
1-1
As Amended
0
Ordinance on Ian Reading
❑
Ordinance on 2nd Reading
El
Implementing Resolution
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt an ordinance amending the current Rotational Tow Ordinance Santa Ana Municipal Code
Section 32 -107.
DISCUSSION
On September 2, 2003, in Ordinance NS -2630, the City of Santa Ana adopted a Rotational Tow
Ordinance wherein authority for establishment of a Rotational Tow List and preparing written
guidelines for its operation were delegated to the Chief of Police. The California Vehicle Code
section 21100 provides city and county governments with the authority to regulate tow operators.
Pursuant to the current process, the Santa Ana Police Department periodically puts out a
Request for Qualifications for rotational tow operators. The Santa Ana Police Department (SAPD)
currently evaluates the qualifications of each applicant operator, inspects each applicant's facility,
inspects each applicant's vehicles, conducts background checks of each applicant's workers, and
makes sure that the applicants comply with the City's guidelines and rotational tow policy. The
SAPID then prepares a Rotational Tow List based upon the rankings of each applicant.
The recommended amendment to the Rotational Tow Ordinance (Exhibit 1) would assist in
standardizing the tow operator process and aligning with other competitive processes for City
services. The proposed amendment will require the SAPID, after it conducts its evaluations and
inspections, to prepare a recommended Rotational Tow List for City Council review and approval.
The criteria for evaluation and inspection, as well as, disciplining and removing of tow operators
from the Rotational Tow List for violation of the Rotational Tow Policy would remain within the
purview of the Chief of Police.
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Amendment to the Rotational Tow Ordinanos
February 16, 2016
Page 2
STRATEGIC PLAN 60ONMEN T
Approval of this Item supports the City's efforts to meet Goal #7 • Team Santa Ana, Strategy #6
(create a culture of innovation and efficiency), Objective E (identify best practices and
opportunities for process improvement and automation across City departments In order to
provide effective and efficient delivery of City services to the community),
FISCAL IMEACT
There is no fiscal impact associated with the Item,
Carlos Raise Sonia R, Carvalho
Chief of Police City Attorney
Exhibit: 1. Ordinance Amending SAMC section 32 -107 (Red - lined),
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ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SANTA ANA
MUNICIPAL CODE SECTION 32 -107 RELATING TO
TOW TRUCKS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. California Vehicle Code section 21100 provides authority to cities
and counties to regulate tow operators within their jurisdiction.
8. On September 2, 2003, the Santa Ana City Council adopted
Ordinance NS -2630 enacting Article IV of Chapter 32 relating to
Tow Trucks. The Ordinance, among other items, delegated
authority to the Chief of Police to establish towing operation
guidelines and a rotational list for tow operators.
C. In an effort to standardize the process and increase the consistency
with other competitive processes for City Services, the Chief of
Police will recommend a rotational tow list to the City Council for
approval. All other aspects of the Rotational Tow List including
establishing written guidelines, standards for qualification,
discipline, and removal from the List will remain the same.
Section 2. Chapter 32, Article IV, Section 32 -107 of the Santa Ana
Municipal Code is hereby amended to read as follows (new language in bold,
deleted language in strikeout for tracking purposes only):
Sec. 32- 107 - Towing operation guidelines; rotational list; authority of the
chief of police to promulgate written guidelines; recommendation of
list of rotational toworators to the Citv Council,
1. In order to provide a workable and comprehensive policy
regarding the towing and /or storage of abandoned, disabled,
stored or impounded vehicles from public or private property,
the chief of police hereby authorized to promulgate and issue,
by general order, and amend, if necessary written rules and
regulations governing the following but by no means exclusive
subjects:
Ordinance No. NS -XXX
Page 1 of 3
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J
(� }- .-- _- €stabtishmant -of -a- rotation }af- 4 +st-o#- tawiag operatio-ns;
(a)( -b) Requirements and standards for placement on the rotational
tow list;
(b)(() Requirements and standards for continued placement on the
rotational tow list;
(c)(d) Grounds for, and procedures governing, discipline and
removal from the rotational tow list; and
(d)(e) Any other pertinent and relevant matters pertaining to the
administration of a rotational tow list.
2. Such rules and regulations shall have the same force and effect of
law, and the failure to obey same shall be deemed a violation of the
provisions of this article for purposes of renewal, suspension or
revocation of placement on the rotational tow list.
3. At least once ever five 5Jy_qars, the Chief of Police will make a
recommendation tothe, City_Council of a ,list of rotatienal tow
cperato,rs.
Section 3. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City of
Santa Ana hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
ADOPTED this 16th day of February, 2016
Ordinance No. NS -XXX
Page 2 of 3
Miguel A. Pulido
Mayor
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APPROVED AS TO FORM:
By:cw�
Sonia R. Carvalho
City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on February 16, 2016, and that said ordinance
was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
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Ordinance No, NS -XXX
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