HomeMy WebLinkAbout2011-091
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RESOLUTION NO. 2011-91
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2005-286
REGARDING TOWING REGULATIONS
WHEREAS, on August 15,2005, the Mayor and Common Council passed Resolution 2005-
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286 establishing standard towing criteria for the six tow carriers on the City's tow rotation and
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authorizing a form of tow services agreement attached to the Resolution; and
WHEREAS, the City Manager's office has worked with the Tow Carriers and Police
10 Department to agree on updated franchise and other fees and a separate and updated Tow Services
11 Agreement; and
12 WHEREAS, implementation of the updated franchise fee and new Tow Services Agreement
13 requires amendment of Resolution No. 2005-286, which will continue to govern involuntary tows
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as amended; and
WHEREAS, the Tow Services Agreement has been reorganized for ease of understanding;
17 requirements for digital photos of vehicles upon impound have been included, and the provisions of
18 Resolution No. 2005-286 regarding franchise fees, assignment and term have been revised; and
19 WHEREAS, all six Tow Carriers have agreed in their respective Tow Carrier Agreements to
20 such amendments, changes and modifications to Resolution No. 2005-286 as contained in the Tow
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Services Agreements; and
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WHEREAS, this action is exempt from CEQA as it is the amendment of an existing regulatory
enactment.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
Section 1. Recitals. The recitals set out above are true and correct.
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2011-91
1 Section 2. Amendment of Resolution No. 2005-286. Resolution No. 2005-286 hereby is
2 amended as follows:
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Section 3(1) is amended to include subsection (R) to read as follows: "Provide for secure
inside evidence storage and have the ability to provide secure in-door storage for vehicles upon
request of the Police Department";
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Section 3(1) is amended to include Subsection (S) to read as follows: "Prior to taking
8 possession of any vehicle, and immediately before release, digitally photograph in a manner which
9 shows the date and time on the photograph the inside and outside to document condition of vehicle
10 and its contents and retain such photograph in a secure location for at least one year."
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The Section titled "Grandfathering" on page 7 is hereby deleted;
Section 13 on page 13 is amended to read in its entirety as follows: "The towing carriers
shall be charged a franchise fee set forth in the Agreement for Tow Services".
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27 City Charter.
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Section 19( c) on page 21 is amended to read as follows:
"Assil!:nment: Any change in ownership requires the approval of the City Council to
continue on the tow rotation. Any change of ownership must be reported to the Police
Department in writing within seven (7) days of such change. Alternatively, a proposed
change may be reviewed by the Police Department for compliance with the standards for
such change. Upon receipt of an actual or proposed change of ownership, the Police
Department will review the proposed new owner( s) under the standards set out in this
Agreement and procedures the Police Department adopts therefore. Within 30 days of
the date of notification of the actual or proposed change of ownership, the Police
Department shall report the results of its review to the City Council which shall approve
or deny the assignment of this Agreement to the new owner. In the event the City Council
denies the assignment, the Agreement shall terminate as of the date of such denial and the
Police Department shall initiate procedures to replace the Tow Carrier in the towing
rotation. Such termination is not subject to the appeal provisions hereof or of Resolution
No. 2005-286."; and
The "Proposed Model Contract" attached to Resolution 2005-286 is hereby deleted.
Section 3. Effective Date. This Resolution shall take effect in the manner as provided in the
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2011-91
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2005-286
REGARDING TOWING REGULATIONS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular
meeting thereof,
5 held on the 18th day of
6 Council Members:
7 MARQUEZ
8 VACANT
9 BRINKER
10 SHORETT
11 KELLEY
12 JOHNSON
13 MC CAMMACK
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April
,2011, by the following vote, to wit:
Aves
Navs
Abstain
Absent
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Rache G. Clar ,City Clerk
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The foregoing Resolution is hereby approved this \qN day of April
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,2011.
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J. Morris, Ma
San Bernardino
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Approved as to Form:
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By:
5'~(lLW'G/YJ aC'/-ZfIA/
Ti othy Saba, Specihl Counsel
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