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Home My WebLink About22 - Amendment of NBMC Chapter 5.15, Approval and Award of Official Police Tow Contracts, and Approval of Revised Tow Rates Schedule - MemoJanuary 26, 2016 Item No. 22 Redline Draft Of NBMC Section 5.15.080 Tow truck operators selected by the City Council to provide official police tow services shall enter into an agreement with the City that shall contain eligibility requirements, operating regulations, and a fee schedule as adopted by the City Council. Every official police tow service operator shall post in a conspicuous place in the interior of each tow truck an approved rate schedule in a form and location approved by the Chief of Police. The rate schedule will automatically be adjusted on its anniversary date based on the percentage change in the cost of doing business as measured by the United States Department of Labor, Bureau of Labor Statistics, Not Seasonally Adiusted, consumer price index, for All Urban Consumers for the Los Angeles -Long Beach Area, All Items, (1982-1984 = 100) for the preceding twelve (12) months. The City may require and revise the fee schedule by mutual agreement at any time upon a finding that a rate adjustment is justified. The term of all official police tow truck service agreements shall be set by the Ci#y Council. ' additional Any official police tow truck operator whose service agreement with the City will expire or has expired may bid on subsequent notices inviting bids for official police tow truck services. ORDINANCE NO. 2016 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT BEACH MUNICIPAL CODE CHAPTER 5.15 RELATING TO OFFICIAL TOW SERVICES WHEREAS, the City Council of the City of Newport Beach ("City") finds that the safety and welfare of the general public is promoted by regulating tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited recovery of vehicles, and wasting law enforcement's limited resources; WHEREAS, pursuant to 49 U.S.C. Section 14501(c) the State of California has the authority to regulate tow operators, specifically, as to rates charged for nonconsensual tows and as to safety regulations; WHEREAS, pursuant to Subsection 21100(g) of the California Vehicle Code, the State of California has delegated the authority to regulate tow operators to city and county governments; WHEREAS, Newport Beach Municipal Code Chapter 5.15 provides that the City Council may designate two (2) official police tow services; and WHEREAS, the City desires to amend certain sections of Newport Beach Municipal Code Chapter 5.15 to be consistent with California Vehicle Code Section 12110(b), which states that the City may require a fee in connection with the award of a franchise for towing vehicles, so long as the fee does not exceed the actual and reasonable costs incurred in connection with the towing program. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council hereby amends Newport Beach Municipal Code Section 5.15.080 to read as follows: 5.15.080 Service Agreements. Tow truck operators selected by the City Council to provide official police tow services shall enter into an agreement with the City that shall contain eligibility requirements, operating regulations, and a fee schedule as adopted by the City Council. Every official police tow service operator shall post in a conspicuous place in the interior of each tow truck an approved rate schedule in a form and location approved by the Chief of Police. The rate schedule will automatically be adjusted on its anniversary date based on the percentage change in the cost of doing business as measured by the United States Department of Labor, Bureau of Labor Statistics, Not Seasonally Adjusted, consumer price index, for All Urban Consumers for the Los Angeles -Long Beach Area, All Items, (1982-1984 = 100) for the preceding twelve (12) months. The City may require and revise the fee schedule by mutual agreement at any time upon a finding that a rate adjustment is justified. The term of all official police tow truck service agreements shall be set by the City Council. Any official police tow truck operator whose service agreement with the City will expire or has expired may bid on subsequent notices inviting bids for official police tow truck services. Section 2: The City Council hereby amends Newport Beach Municipal Code Section 5.15.095 to read as follows: 5.15.095 Contract Services Fee. The City Council may establish by resolution a fee(s) for the award of an agreement under this chapter to reimburse the City for its actual and reasonable costs. incurred in connection with official police tow services. Terms and provisions for payment of the fee shall be established by the City Council in the agreement set forth in Section 5.15.080. Official police tow service operators shall provide the City with an annual income statement of their official police tow services. Section 3: The recitals provided above are true and correct and are incorporated into the substantive portion of this ordinance. K Section 4: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published pursuant to Charter Section 414. 3 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of , 2016, and adopted at a regular meeting of the City Council of Newport Beach, held on the day of , 2016, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS DIANE B. DIXON, MAYOR APPROVED AS TO FORM: THECIT �ORNEY'S OFFICE AARO H RP, CITY ATTORNEY ATTEST: LEILANI I. BROWN, CITY CLERK CI