HomeMy WebLinkAboutStaff Report 3.A 04/16/2012 Agenda' Ite-w #3.A
EFFECTIVE DATE ORDINANCE'.NO:w2430 N.C.S
OF ORDINANCE
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8 AN ORDINANCE OFCITY OF PETALUMA AMENDING
9 CHAPTER 11.94 OF THE PETALUMA MUNICIPAL CODE
10 TO REMOVE THE TOWFRANCHISE AGREEMENT AND
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11 FRANCHISE FEE AMOUNTS FROM THE MUNICIPAL CODE,
12 AND MAKE ADDITIONAL MODIFICATIONS
13 CONCERNING AWARD OF TOW FRANCHISES
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16 WHEREAS, the City has entered into agreements ("Tow Franchise Agreements") that
17 grant non-exclusive franchises lb provide towing and storage services in the City of Petaluma
18 ("City") as part of the Police Department's towing program; and,
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20 WHEREAS, Petaluma Municipal Code Chapter 11,94 provides authority for granting of
21 non-exclusive tow franchises and execution of Tow Franchise Agreements between the City and
22 private tow companies operating in the City in accordance-with and subject to the
23 requirements of Chapter 11.94, California Vehicle Code section 12110, subdivision (b), and
24 sections 46, 51, and 75 of the Petaluma Charter; and,
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26 WHEREAS, Petaluma Municipal Code Section 11.94.020 authorizes the City Manager to
27 execute Tow Franchise Agreements and incorporates as an exhibit a copy of a Tow Franchise
28 Agreement form, thereby codifying the Tow Franchise Agreement form; and,
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30 WHEREAS, Petaluma Municipal Code section 1 1.94.040 permits amendment of the Tow
31 Franchise,Agreement form by resolution, and the Tow Franchise Agreement form has been
32 amended by Resolution No. 2006-167'N.C.S. adopted September 18;2006 (and thus the exhibit
33 to Petaluma Municipal Code section 11.94.040 is no longer current); and,
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35 WHEREAS; Petaluma Municipal.Code section 11.94.010 specifies the franchise fee
36 amounts applicable to,Tow Franchise Agreements; and,
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38 WHEREAS,codificaiion in the Petaluma Municipal Code ot the franchise fee amounts
39 applicable to Tow Franchise Agreements is not a legal requirement, and results in unnecessary
40 administrative delay and'related costs each time the tow franchise fee amounts are amended;
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WHEREAS, in order to avoid confusion regarding the current,approved version of the Tow
2 Franchise Agreement form, and subsequent amendments to,the approved Tow Franchise
3 Agreement form adopted by resolution, to permit updating oftow,franchise fee amounts by
4 resolution, and to further clarify the award of Tow Franchise Agreements, the City Council wishes
5 to amend Chapter 11.94 of the Petaluma Municipal Code to delete the Tow Franchise
6 Agreement incorporated as an exhibit to section 11.94.020, to delete the tow franchise fee
7 amounts specified in section 11.94.030 and to make other specified modifications to Chapter
8 11.94 of the Petaluma Municipal Code.
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10 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF'PETALUMA DOES ORDAIN AS
11 FOLLOWS:
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13 Section 1: Chapter 11.94 of the Petaluma.Municipal Code is hereby amended in accordance
14 with the following:
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16 a. Section 11.94.010 Amended. Section 11'.94',010 of the Petaluma
17 Municipal Code is hereby amended to read as follows:
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19 11.94.010 Purpose
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21 A. The city's police department maintains rotation tow lists used for
22 dispatching private tow'operators to provide towing and storage services as part
23 of the police department's towing program, and the city incurs costs in
24 connection with the police department's towing program.
25 B. California Vehicle Code section 12110, subdivision (b) provides
26 that a public entity may require payment of a fee in connection with the award
27 of a franchise for towing vehicles on behalf of that public entity, provided that
28 the fee does not exceed the amount necessary to reimburse the public entity for
29 its actual and reasonable costs incurred in connection with the towing program.
30 C. Inclusion on-the city's rotation tow lists confers a benefit on private
31 tow operators because the registered owners of vehicles towed pursuant to the
32 towing program must pay the tow operators for the tow and storage fees
33 incurred.
34 D. The city,council wishes to grant nonexclusive tow franchises to
35 contractors for use of city,streets,and property in consideration of payment of a
36 franchise fee in accordance with the requirements of sections 46, 51 and 75 of
37 the Petaluma Charter, section 12110, subdivision (b) of the California Vehicle
38 Code, and other applicablelaw.
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40 b. Section 1.1.94.020 Amended. Section 11.94.020 of the Petaluma
41 Municipal:Code is hereby amended to read as follows:
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43 11.94.020 Authoriiation to execute tow franchise agreements.
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45 The city manager is hereby authorized to execute on behalf of the city
46 and in accordance with requirements specified in sections 46, 51 and 75 of the
47 city charter; and this chapter, nonexclusive tow franchise agreements with
48 eligible tow operators using the tow franchise agreement form most recently
49 approved by dolt'adopted resolution of the city council in accordance with
50 section 1-1:94.040:
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1 c. Section 11.94.030 Amended..Section 11.94.0.30 of the Petaluma
2 Municipal Code is hereby amended to read as'follows:
3 11.94.030 Franchise fees
4 The city shall collect a franchise fee from tow franchisees for each vehicle
5 towed pursuant to the police department's towing program and this chapter in
6 an amount set by duly adopted city council resolution.. In accordance with
7 California Vehicle Code section 12110, subdivision.(b), and other'applicable law,
8 such franchise fee may not exceed the amount necessary to reimburse the city
9 for its actual reasonable costs incurred in connection with the police
10 department's towing program.
11 d. Section 11.94.040 Amended. Section 11.94.040 of the Petaluma
12 Municipal Code is hereby amended to read as follows:
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14 11.94.040 Approval and amendment of tow franchise agreement forms and
15 maximum tow rates.
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17 The city council may by duly adopted resolution approve and amend
18 tow franchise agreement forms and maximum rates that may be charged by
19 tow franchisees for services provided pursuant to the police department's towing
20 program and this chapter.
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22 e. Section 11,94.050-Added. Section 1 1.94.050 is hereby added to
23 the Petaluma Municipal Code to read as follows:
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25 11.94.050 Award of tow franchises
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27 The city will seek new tow franchisees by notice published in fhe official
28 city newspaper and other appropriate means. The notice will provide details on
29 obtaining franchise application materials and submission of franchise
30 applications. Franchise,application materials will detail tow operator eligibility
31 and other requirements that must be satisfied to be considered for award of a
32 tow franchise. Eligibility requirements and standards for tow operators and their
33 drivers shall be as set forth in the tow agreement forms and shall be generally
34 consistent with the requirements and standards contained in the most recent
35 California Highway Patrol.Tow Service Agreement, modified by'the city as
36 deemed appropriate. The police chief will recommend to the city manager
37 award of tow franchise agreements to eligible operators so that at any given
38 time a sufficient number of franchisees (not to exceed three) are included on the
39 city's tow rotation lists.
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41 Section 2: If any section,subsection, sentence, clause, phrase or word of this ordinance is for
42 any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
43 jurisdiction such decision shall not affect the validity of the remaining portions of this ordinance,
44 The City Council of the City of Petaluma hereby declares that it would have passed and
45 adopted this ordinance and each and all provisions thereof irrespective of the fact that any one
46 or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
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I Section 3: The.City Council finds that this Ordinance is'not subject to-the California
2 Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in
3 a direct or reasonably foreseeable indirect physical in the environment) and 15060(c)(3)
4 (the activity is not a project as defined in Section 15378) of The CEQA Guidelines, because it has
5 no potential for resulting in physical change to the environment, directly or indirectly.
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7 Section 4: In accordance with.section 51 of the Petaluma Charter, this ordinance may not be
8 adopted until 30 days or more have elapsed since its introduction. This ordinance shall become
9 effective thirty (30) days after the date of its adoption by the Petaluma City Council.
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11 Section 5. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the
12 period and in the manner provided by the City Charter and any other applicable law.
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14 INTRODUCED and ORDERED posted/published this 5th day of March 2012.
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16 ADOPTED this of 2012, by the following vote:
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18 Ayes:
19 Noes:
20 Abstain:
21 Absent:
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28 Mayor
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32 ATTEST: APPROVED AS TO FORM:
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38 City Clerk City Attorney
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