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Home My WebLink About2016-2 - Amending Newport Beach Municipal Code Chapter 5.15 Relating to Official Tow ServicesORDINANCE NO. 2016-2 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 Ordinance No. 2016-2 Page 2 of 4 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 -Riverside - Orange County, CA, 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 five (5) years with an option to extend the term for one additional five-year period. 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. Ordinance No. 2016-2 Page 3 of 4 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. /// /// /// Ordinance No. 2016-2 Page 4 of 4 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 26th day of January, 2016, and adopted at a regular meeting of the City Council of Newport Beach, held on the 9th day of February, 2016, by the following vote, to wit: AYES, COUNCILMEMBERS Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Petros Mayor Pro Tem Muldoon, Mayor Dixon NOES, COUNCILMEMBERS Council Member Curry ABSENT COUNCILMEMBERS None C DI NEB. DIXON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY V 14 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2016-2 was duly and regularly introduced on the 26th day of January, 2016, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of February, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: Council Member Curry IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of February, 2016. �W PO 0� � aim , l' Leilani F Brown, MMC ` City Clerk �= City of Newport Beach, California �49%O(Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2016-2 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: January 30, 2016 Adopted Ordinance: February 13, 2016 2016. In witness whereof, I have hereunto subscribed my name this &ff day of I-wo— PO 4 0 Leilani I. Brown, MMC > D City Clerk n City of Newport Beach, California U (Seal) q�1 fi0 R��P