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HomeMy WebLinkAbout11A - 2ND READ ORD - ROTATIONAL TOWREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 1, 2016 TITLE: ORDINANCES - SECOND READING: ADOPT AN AMENDMENT TO THE ROTATIONAL TOW ORDINANCE, SANTA ANA MUNICIPAL CODE SECTION 32 -107 {STRRkT LAN IN , 11 v CITY MANAG RECOMMENDED ACTION Place ordinances on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On February 16, 2016, the following Ordinances were introduced for first reading and City Council authorized publication of title by a vote of 5 -0 (Martinez and Tinajero absent): ORDINANCE NO. NS -2894 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 32 -107 RELATING TO TOW TRUCKS STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council EXHIBITS: 1. Ordinance No. NS -2894 11 A -1 11 A -2 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. B. 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: Sec. 32 -107- Towing operation guidelines; rotational list; authority of the chief of police to promulgate written guidelines; recommendation of list of rotational tow operators to the City Council. 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 11 A -3 (a) Requirements and standards for placement on the rotational tow list; (b) Requirements and standards for continued placement on the rotational tow list; (c) Grounds for, and procedures governing, discipline and removal from the rotational tow list; and (d) 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 every five (5) years, the chief of police will make a recommendation to the City Council of a list of rotational tow operators. 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 1 st day of March, 2016 Ordinance No. NS -XXX Page 2 of 3 Miguel A. Pulido Mayor 11 A -4 APPROVED AS TO FORM: By: clw Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Council 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 March 1, 2016, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. L� Clerk of the Council City of Santa Ana 11 A -5 Ordinance No. NS -XXX Page 3 of 3 11 A -6