HomeMy WebLinkAboutOrdinance 2430 N.C.S. 04/16/201210
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EFFECTIVE DATE
OF ORDINANCE
May 30, 2012
Introduced by
Mike Healy
ORDINANCE NO. 2430 N.C.S
Seconded by
Chris Albertson
AN ORDINANCE OF CITY OF PETALUMA AMENDING
CHAPTER 11.94 OF THE PETALUMA MUNICIPAL CODE
TO REMOVE THE TOW FRANCHISE AGREEMENT AND
FRANCHISE FEE AMOUNTS FROM THE MUNICIPAL CODE,
AND MAKE ADDITIONAL MODIFICATIONS
CONCERNING AWARD OF TOW FRANCHISES
WHEREAS, the City has entered into agreements ("Tow Franchise Agreements") that
grant non-exclusive franchises to provide towing and storage services in the City of Petaluma
("City") as part of the Police Department's towing program; and,
WHEREAS, Petaluma Municipal Code Chapter 11.94 provides authority for granting of
non-exclusive tow franchises and execution of Tow Franchise Agreements between the City and
private tow companies operating in the City in accordance with and subject to the
requirements of Chapter 1 1.94, California Vehicle Code section 12110, subdivision (b), and
sections 46, 51, and 75 of the Petaluma Charter; and,
WHEREAS, Petaluma Municipal Code Section 1 1.94.020 authorizes the City Manager to
execute Tow Franchise Agreements and incorporates as an exhibit a copy of a Tow Franchise
Agreement form, thereby codifying the Tow Franchise Agreement form; and,
WHEREAS, Petaluma Municipal Code section 1 1.94.040 permits amendment of the Tow
Franchise Agreement form by resolution, and the Tow Franchise Agreement form has been
amended by Resolution No. 2006-167 N.C.S. adopted September 18, 2006 (and thus the exhibit
to Petaluma Municipal Code section 1 1.94.040 is no longer current); and,
WHEREAS, Petaluma Municipal Code section 1 1.94.010 specifies the franchise fee
amounts applicable to Tow Franchise Agreements; and,
WHEREAS, codification in the Petaluma Municipal Code of the franchise fee amounts
applicable to Tow Franchise Agreements is not a legal requirement, and results in unnecessary
administrative delay and related costs each time the tow franchise fee amounts are amended;
and,
Ordinance No. 2430 N.C.S.
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WHEREAS, in order to avoid confusion regarding the current, approved version of the Tow
Franchise Agreement form, and subsequent amendments to the approved Tow Franchise
Agreement form adopted by resolution, to permit updating of tow franchise fee amounts by
resolution, and to further clarify the award of Tow Franchise Agreements, the City Council wishes
to amend Chapter 1 1 .94 of the Petaluma Municipal Code to delete the Tow Franchise
Agreement incorporated as an exhibit to section 11.94.020, to delete the tow franchise fee
amounts specified in section 1 1.94.030 and to make other specified modifications to Chapter
11.94 of the Petaluma Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA DOES ORDAIN AS
FOLLOWS:
Section 1: Chapter 11.94 of the Petaluma Municipal Code is hereby amended in accordance
with the following:
a. Section 11.94.010 Amended. Section 1 1 .94.010 of the Petaluma
Municipal Code is hereby amended to read as follows:
11.94.010 Purpose
A. The city's police department maintains rotation tow lists used for
dispatching private tow operators to provide towing and storage services as part
of the police department's towing program, and the city incurs costs in
connection with the police department's towing program.
B. California Vehicle Code section 12110, subdivision (b) provides
that a public entity may require payment of a fee in connection with the award
of a franchise for towing vehicles on behalf of that public entity, provided that
the fee does not exceed the amount necessary to reimburse the public entity for
its actual and reasonable costs incurred in connection with the towing program.
C. Inclusion on the city's rotation tow lists confers a benefit on private
tow operators because the registered owners of vehicles towed pursuant to the
towing program must pay the tow operators for the tow and storage fees
incurred.
D. The city council wishes to grant nonexclusive tow franchises to
contractors for use of city streets and property in consideration of payment of a
franchise fee in accordance with the requirements of sections 46, 51 and 75 of
the Petaluma Charter, section 12110, subdivision (b) of the California Vehicle
Code, and other applicable law.
b. Section 11.94.020 Amended. Section 1 1.94.020 of the Petaluma
Municipal Code is hereby amended to read as follows:
11.94.020 Authorization to execute tow franchise agreements.
The city manager is hereby authorized to execute on behalf of the city
and in accordance with requirements specified in sections 46, 51 and 75 of the
city charter, and this chapter, nonexclusive tow franchise agreements with
eligible tow operators using the tow franchise agreement form most recently
approved by duly adopted resolution of the city council in accordance with
section 11.94.040.
Ordinance No. 2430 N.C.S.
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C. Section 11.94.030 Amended. Section 1 1.94.030 of the Petaluma
Municipal Code is hereby amended to read as follows:
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 all. Section 11.94.040 Amended. Section 1 1,94.040 of the Petaluma
12 Municipal Code is hereby amended to read as follows:
11.94.040 Approval and amendment of tow franchise agreement forms and
maximum tow rates.
The city council may by duly adopted resolution approve and amend
tow franchise agreement forms and maximum rates that may be charged by
tow franchisees for services provided pursuant to the police department's towing
program and this chapter.
e. Section 11.94.050 Added. Section 1 1 .94.050 is hereby added to
the Petaluma Municipal Code to read as follows:
11.94.050 Award of tow franchises
The city will seek new tow franchisees by notice published in the official
city newspaper and other appropriate means. The notice will provide details on
obtaining franchise application materials and submission of franchise
applications. Franchise application materials will detail tow operator eligibility
and other requirements that must be satisfied to be considered for award of a
tow franchise. Eligibility requirements and standards for tow operators and their
drivers shall be as set forth in the tow agreement forms and shall be generally
consistent with the requirements and standards contained in the most recent
California Highway Patrol Tow Service Agreement, modified by the city as
deemed appropriate. The police chief will recommend to the city manager
award of tow franchise agreements to eligible operators so that at any given
time a sufficient number of franchisees (not to exceed three) are included on the
city's tow rotation lists.
Section 2: If any section, subsection, sentence, clause, phrase or word of this ordinance is for
any reason held to be unconstitutional, unlawful or otherwise invalid by a 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 Petaluma hereby declares that it would have passed and
adopted this ordinance and each and all provisions thereof irrespective of the fact that any one
or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
Ordinance No. 2430 N.C.S. Page 3
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Section 3: The City Council finds that 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, because it has
no potential for resulting in physical change to the environment, directly or indirectly.
Section 4: In accordance with section 51 of the Petaluma Charter, this ordinance may not be
adopted until 30 days or more have elapsed since its introduction. This ordinance shall become
effective thirty (30) days after the date of its adoption by the Petaluma City Council.
Section 5. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the
period and in the manner provided by the City Charter and any other applicable law.
INTRODUCED and ORDERED posted/published this 51^ day of March 2012.
ADOPTED this 16th of April, 2012, by the following vote
Ayes:
Albertson, Barrett, Harris, Healy, Kearney, Vice Mayor Renee
Noes:
None
Abstain:
None
Absent:
Mayor Glass
ATTEST:
III
Uli(,(.iw
City Clerk
Ordinance No..2430 N.C.S.
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