HomeMy WebLinkAbout26- Police .C,CI PY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Daniel A. Robbins Subject: Authorize Designation of Tow
Chief of Police Service Companies and Setting of
Dept: Police Tow Rates In Accordance with
Procedures Established by the
Date: February 15 , 1995 California Highway Patrol
Synopsis of Previous Council action:
4-19-82 - Resolution No. 82-179 fixing and establishing rates of towing and
storage services by towing vehicles being operated in response to
police calls; and repealing Resolution No. 80-357 was approved.
5-3-82 - Ordinance No. MC-160 amending Sections 2 .34 .040 and 5. 76 .490 of
the San Bernardino Municipal Code to transfer from the Bureau of
Franchises to the Police Commission the duty to review and make
recommendations on revisions of the City's rate schedule for
towing charges was approved.
Recommended motion:
MOTION No. 1
That further reading of said ordinance be waived and that said ordinance be
laid over for final adoption.
MOTION NO. 2
Adopt resolution.
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V/Ajignature
Contact person: Sergeant Jenifer Aragon Phone: 3RD-R Z1 R
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: p Source: \
Finance: \
Council Notes:
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75-0262 Agenda Item No 6
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CITY OF SAN BER►- %RDINO - REQUEST ')R COUNCIL ACTION
STAFF REPORT
In an attempt to streamline the existing tow rate procedure, it is
recommended that the Chief of Police be authorized to review and
impose the California Highway Patrol tow rates .
The CHP feels that our use of their established tow rates would be
beneficial to all involved. A survey of area cities (Rialto,
Colton and Redlands ) revealed they will also follow CHP guidelines.
The San Bernardino Police Commission approved this recommendation
on January 9, 1995 .
It is therefore recommended that:
1 . Section 2 . 34 . 030(G) of the San Bernardino Municipal
Code be repealed;
2 . Section 5 . 76 . 230 of the San Bernardino Municipal Code
be amended to delete tow companies from the rates and
fares review by the Franchise Board;
3 . Section 5 . 76 . 490B of the San Bernardino Municipal Code
be amended to grant authority to the Chief of Police to
annually establish rates and fares to be charged to the
public by towing companies; and
4 . Resolution No. 82-179 be repealed.
75-0264
I ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTION
2 . 34 . 030(G) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE
3 REVIEW OF THE CALIFORNIA HIGHWAY PATROL TOWING CHARGE RATE
SCHEDULE BY THE POLICE COMMISSION, AND AMENDING SECTION 5 . 76 . 230
4 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO REVIEW OF THE
FRANCHISE BOARD OF RATES AND FARES AND DELETING TOW CARRIERS
5 THEREFROM, AND AMENDING SECTION 5 . 76 . 490B OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO REVIEW OF THE FRANCHISE BOARD OF RATES
6 AND FARES AND DELETING TOW CARRIERS THEREFROM.
7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS :
8
SECTION 1 . Section 2 . 34 . 030(G) of the San Bernardino
9
Municipal Code is hereby repealed.
10
SECTION 2 . Section 5 . 76 .230 of San Bernardino Municipal
11
Code is hereby amended to read as follows :
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No rate or fare shall be placed in effect, charged,
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demanded, or collected by any carrier for the transportation of
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passengers by vehicles, or by any ambulance carrier for its
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services as covered by this chapter until the Bureau, after a
16 hearing upon its own motion, or upon application, or complaint,
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has found and determined the rate to be just, reasonable and
18 nondiscriminatory, nor in any way, in violation of any provisions
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herein contained or any provision of law; nor until the rate or
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fare has been established and authorized by the Bureau with the
21
approval of the Mayor and Common Council . In establishing and
22
authorizing such rates or fees, the Bureau shall take into
23 account, and give due and reasonable consideration to the cost of
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all comparable transportation services performed by all persons,
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i firms or corporations engaged in such transportation services for
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compensation in the city, whether by virtue of any franchise
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granted by the Common council or otherwise, including length of
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I ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTION
2 2 . 34 . 030(G) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE
REVIEW OF THE CALIFORNIA HIGHWAY PATROL TOWING CHARGE RATE
SCHEDULE BY THE POLICE COMMISSION, AND AMENDING SECTION 5 . 76.230
3 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO REVIEW OF THE
FRANCHISE BOARD OF RATES AND FARES AND DELETING TOW CARRIERS
4 THEREFROM, AND AMENDING SECTION 5 . 76 .490B OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO REVIEW OF THE FRANCHISE BOARD OF RATES
5 AND FARES AND DELETING TOW CARRIERS THEREFROM.
6 haul, any additional transportation service performed, or of any
7 accessorial service, and to value of the facilities reasonably
8 necessary to perform such transportation service.
9 SECTION 3 . Section 5 .76 .490B of the San Bernardino
10 Municipal Code is hereby amended as follows :
11 B. The Chief of Police shall, annually in July, establish
12 the rates or fares to be charged to the public by towing companies
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13 on the City' s Rotation List. The Chief of Police shall ascertain
14 and review the rates approved by the California Highway Patrol for
15 the Inland Division and shall adopt those rates as the rate
16 schedule for the City of San Bernardino unless he/she finds them
17 to be unreasonable. Notice shall be given of the rate schedule to
18 all tow companies on the City' s rotation list. any tow company on
19 the City' s Rotation List which disagrees with the rate schedule
20 set by the Chief of Police may file a protest within thirty ( 30)
21 days of the date of notice of the rate schedule with the City
22 Clerk, who shall then schedule the matter for a public hearing
23 before the Mayor and Common Council.
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1 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTION
2 2 . 34. 030(G) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE
REVIEW OF THE CALIFORNIA HIGHWAY PATROL TOWING CHARGE RATE
SCHEDULE BY THE POLICE COMMISSION, AND AMENDING SECTION 5 . 76 . 230
3 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO REVIEW OF THE
FRANCHISE BOARD OF RATES AND FARES AND DELETING TOW CARRIERS
4 THEREFROM, AND AMENDING SECTION 5 . 76 .490B OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO REVIEW OF THE FRANCHISE BOARD OF RATES
5 AND FARES AND DELETING TOW CARRIERS THEREFROM.
6 I HEREBY CERTIFY that the foregoing ordinance was duly
7 adopted by the Mayor and Common Council of the City of
8 San Bernardino at a meeting thereof, held on
9 the day of , 1995, by the following vote, to wit:
10 Council Members : AYES NAYS ABSTAIN ABSENT
11 NEGRETE
12 CURLIN
13 HERNANDEZ
14 OBERHELMAN
15 DEVLIN
16 POPE-LUDLAM
17 MILLER
18
19 City Clerk
20 The foregoing ordinance is hereby approved this day
21 of , 1995 .
22
TOM MINOR, Mayor
23 City of San Bernardino
24 Approved as to
25 form and legal content:
JAMES F. PENMAN,
26 City Attorney
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