HomeMy WebLinkAbout31- Develoment Services t • ' a •s • r9 A A q �
4411 V/`'1�i
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: William Woolard, Interim Director Subject: Interim Agreement with Hayes
Towing
Dept: Development Services
Date: November 30, 2000 MCC Date: December 4, 2000
Synopsis of Previous Council Action:
November 6, 2000. The Mayor and Common Council discussed entering into an Interim
Agreement for Tow Services with Hayes Towing.
Recommended Motion:
That the Mayor and Common Council continue the Interim Agreement with Hayes Towing until
December 18, 2000.
William Woolard
Contact person: Valerie C. Ross Phone: 384.5057
Supporting data attached: Staff Report Ward: 6
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda U '
1Z Ig
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Interim Agreement for Tow Services with Hayes Towing
Mayor and Common Council Meeting of December 4, 2000
BACKGROUND
At their meeting of November 6, 2000,the Council continued this item to give Hayes
Towing time to complete their site improvement plans and obtain a Temporary
Certificate of Occupancy.
On November 30, 2000, Michelle Hayes submitted the site improvement plan. The
landscape improvement plan is anticipated to be submitted within one week. Planning
and Public Works staff will review the plans for adequacy, and the engineer's estimate of
the improvement costs for completeness. Assuming that both plans are correct,the Hayes
will be able to post a bond to cover the cost of the improvements. Upon posting the bond,
a Temporary Certificate of Occupancy can be issued. In conjunction with issuance of the
Temporary Certificate of Occupancy,the Hayes will be given a specified period of time
to complete the improvements. When the Hayes obtain a Temporary Certificate of
Occupancy, the Mayor and Common Council can consider entering into an Interim
Agreement for Tow Services.
FINANCIAL IMPACT
The Hayes will pay all costs associated with review of the improvement plans.
RECOMMENDATION
Staff recommends that the Mayor and Common Council continue discussion of an
Interim Agreement for Tow Services with Hayes Towing until December 18, 2000.
1 RESOLUTION NO. ,-
2 A RESOLUTION OF THE CITY OF SAN BERNARDINO ENTERING INTO AN
INTERIM AGREEMENT FOR TOW SERVICES WITH HAYES TOWING
3 CONSISTENT WITH RESOLUTION 1999-86.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
5 BERNARDINO AS FOLLOWS:
6
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
7
to execute on behalf of said City, an Interim Agreement For Tow Services with Hayes Towing
8
for providing tow services to the City of San Bernardino. A copy of said Interim Agreement For
9
Tow Services is attached as Exhibit"A" and made a part hereof.
10
SECTION 2. The_authorization to execute the above referenced agreement is rescinded if
11
the parties to the agreement fail to execute it within sixty (60) days of the passage of this
12
resolution.
13 HI
14
15
16
17
18
19
20
21
22
23
24
25
-1-
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO ENTERING INTO AN
INTERIM AGREEMENT FOR TOW SERVICES WITH HAYES TOWING
CONSISTENT WITH RESOLUTION 1999-86.
1
I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
2
Common Council of the City of San Bernardino at a meeting thereof, held
3
on the day of , 2000, by the following vote, to wit:
4
Council Members: AYES NAYS ABSTAIN ABSENT
5
ESTRADA
6
LIEN
7
MCGINNIS
s
SCHNETZ
9
SUAREZ
10
ANDERSON
11
MCCAMMACK
12
13
14 CITY CLERK
i5 The forgoing resolution is hereby approved this day of , 2000.
16
17
1s
Judith Valles, Mayor
City of San Bernardino
19 Approved as to form
20 and legal content:
21 JAMES F. PENMAN,
City Attorney
22
23
By:
24
25
n Exhibit A
MED IV7
1 INTERIM AGREEMENT FOR TOW SERVICES
2 THIS INTERIM AGREEMENT FOR TOW SERVICES entered into this day
3 of 2000, by and between the City of San Bernardino ("City") and Hayes Towing
4 ("Towing Carrier") shall become effective . The term of this agreement shall be
5 for a period of ninety days with three thirty-day extensions as necessary at the option of the City
6 of San Bernardino.
7 The parties hereto agree as follows:
8 1. Towing Carrier hereby agrees to provide tow services to the City of San
9 Bernardino pursuant to the terms and conditions contained in this Agreement.
10 2. Towing Carrier shall:
11 A. Have a minimum storage space for 200 vehicles with a minimum of
12 twelve inside spaces; outside storage lots must be adequately lighted.
13 B. Have an attendant on call twenty-four(24) hours a day, seven days a week
14 at place of business.
15 C. Have no more than two telephone numbers listed with any City
16 department.
17 D. Store towed vehicles in a safe and protected space where the vehicles and
18 their contents will not be accessible to thieves nor be damaged by activity in the carrier
19 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on
20 the public streets at anytime; in no event shall the city be liable for any theft, vandalism or
21 damage occurring to any such vehicle or is contents.
22 E. Post a tag on the windshield on all cars ordered impounded by a City
23 department.
24 F. Collect all towing or hauling and storage charges on each vehicle from the
25 owner; in no event shall the city be liable for any such charge.
-1-
I G. Whenever a vehicle has been involved in an accident or a traffic violation,
2 and the owner or someone delegated by him is present and is capable of removing the vehicle
3 from the street with reasonable dispatch, and the vehicle is not needed for criminal evidence,
4 City and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call a
5 towing company of his or her own choice to remove the same; provided, however, that if the
6 street cannot be cleared for safe public use with reasonable dispatch by the above method, and in
7 all situations other than above set forth, a towing carrier from the top of the rotation list will be
8 called by the City.
9 H. Furnish each owner with a fully itemized billing.
10 I. Immediately after each towing operation, make a towing slip with the
11 contents of each vehicle placed in his or her care itemized thereon as verified by the officer
12 ordering the same and make the slip available to the City on request.
13 J. Release no impounded vehicle without first having obtained a release from
14 the City to do so.
15 K. Agree to a rotation system established by the City.
16 L. Comply with all rules, regulations and laws of the State of California,
17 County of San Bernardino and City.
18 M. Have adequate equipment to handle calls from the city, impounds and
19 storage of motor vehicles.
20 N. The carrier shall operate from a location within the City of San
21 Bernardino, and all of the facilities necessary for said operation shall be located within the City
22 of San Bernardino.
23 O. Carry a broom, trash can and sand and shall clean and remove broken
24 glass, spilled oil, or gasoline from the area before departing, unless directed to not do so by
25 police officers and/or designated City employees at the scene.
-2-
I P. Each tow carrier shall maintain insurance pursuant to the requirements of
2 the most recent California Highway Patrol tow service agreement. The City of San Bernardino
3 shall be named as an additional insured on all policies including the workers compensation
4 policies. Tow carriers shall provide an endorsement to each policy showing the City as an
5 additional insured.
6 Q. Tow vehicles shall be rated at a minimum of 14000 GVW.
7 3. Towing Carrier shall give or cause to be given written notice to the registered and
8 legal owners of each vehicle which is towed in conformity with authorization and requirements
9 of this Agreement concerning the fact of such towing, the place at which such vehicle is stored
10 and the imposition of charges for towing, storage and related services whenever the towing
11 carrier knows or is able to ascertain from the registration records in the vehicle or from the
12 registration records of the Department of Motor Vehicles the name and address of the registered
13 and legal owners. The notice shall be given not more than ten(10) days from the date of the
14 towing of the vehicle by the towing carrier.
15 4. Every tow truck of towing carrier which is subject to the provisions of this
16 Agreement and which by virtue of this Agreement responds to calls for service by the City, shall
17 be clearly marked on both sides of the cab with the name and telephone number of towing
18 carrier.
19 5. Any agreement entered into pursuant to the terms of this resolution may be
20 terminated by either party, without prejudice, upon thirty (30) days written notice to the other
21 party.
22 6. Towing Carrier shall be dispatched to tow calls on a per call rotation basis in
23 conjunction with other towing carriers which have entered into agreements with the City.
24 7. Each month, Tow Carriers shall submit a list of all vehicles towed the previous
25 month, including license plate numbers and vehicle identification numbers.
-3-
1 8. Tow Carrier shall charge for services on calls by the City, in an amount not to
2 exceed ten dollars ($10) above the hourly rate set forth by the California Highway Patrol. The
3 minimum charge for services shall not exceed one (1) hour.
4 9. Standby time for tow trucks will begin one (1) hour after receipt of calls from the
5 City and is defined to mean the time consumed after the first hour in necessary preparations in
6 order to tow the disabled vehicle and in cleaning up the immediate surrounding area.
7 10. In the event that a towed vehicle is forfeited by the owner in accordance with
8 Section 14607 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be
9 distributed pursuant to Section 14607.6 of said Code.
10 11. Upon reasonable advance written notice, City shall have the right to review and
11 audit the books of towing carrier at towing carrier's place of business and during business hours.
12 12. The parties understand and agree that this Agreement grants Towing Carrier a
13 non-exclusive franchise.
14 13. The City will collect a vehicle administrative fee per each vehicle towed, which
15 shall be set by resolution by the Mayor and Common Council. Such fee shall not be charged for
16 those individuals who have had their vehicles towed, stored or impounded as a result of being a
17 victim of a crime (car theft, etc) or those vehicles belonging to any public agency.
18 14. The averaged franchise fee will equal $24,000 per month, which will be divided
19 equally among each of the participating tow carriers. Such franchise fee shall be paid by the
20 towing carrier, out of its profits, and shall not be passed on to the vehicle owner. Should the total
21 number of tow carriers on the rotation list change, the franchise fee will be adjusted accordingly
22 among the tow carriers. Ten days notice shall be given to the participating tow carriers of any
23 change in the amount to be paid to the City.
24
25
-4-
1 15. Towing Carrier shall also comply with the most recent California Highway Patrol
2 tow service agreement. Where provisions of this Agreement and the CHP tow service agreement
3 shall be found to be in conflict, the provisions of this Agreement shall prevail.
4 16. Towing carrier shall also comply with all provisions of the Resolution of the
5 Mayor and Common Council of the City of San Bernardino Establishing Standard Criteria for
6 Companies to Provide Tow Services for the City of San Bernardino as said resolution exists
7 and/or as said resolution may be amended from time to time.
8 17. This Agreement represents the entire Agreement between the City and the
9 Towing Carrier and fully supersedes any and all previous Agreements entered into by and
10 between the City of San Bernardino and Hayes Towing.
11 18. Any notice to be given pursuant to this Agreement by either party to the other
12 shall be deposited with the United States Postal Service, postage prepaid, and addressed as
13 follows:
14
15 To the City: City Administrator
300 North"D" Street
16 San Bernardino, CA 92418
17
To Towing Carrier: Hayes Towing
18 5486 Industrial Parkway
19 San Bernardino, CA 92407
20
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
21
service.
22
23
24
25
-5-
I IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
2 and date first above shown.
3 CITY OF SAN BERNARDINO
4
5 By:
Mayor Judith Valles
6
7 Attest:
8 By: Hayes Towing
9 "Towing Carrier"
10
By:
11
12 Approved as to Form
13 and Legal Content:
14
James F. Penman,
15 City Attorney
16 I
By:
17
18
19
20
21
22
23
24
25
-6-
KRUEPER ENGINEERING & ASSOCIATES, INC.
KCIVIL ENGINEERING • SURVEYING • ACCIDENT ANALYSIS AND CONSULTING
568 NORTH MOUNTAIN VIEW AVENUE.SECOND FLOOR• SAN BERNARDINO,CALIFORNIA 92401-1 291 • 909-884-215Q
FAX No. 909-888-8910
November 3, 2000 ril Irr `"'7C F'P�C�Ird at Please Refer To Our File No.
pp X203-03.00
Hayes Towing ltel,
5486 Industrial Parkway
San Bernardino, CA 92407
Attention- Micheale M. Hayes
Regarding: A Portion of Assessor's Parcel 0266-041-16
Property located on the south side of Industrial Parkway,
approximately 1000 feet easterly of Palm Avenue, in the City of
San Bernardino, San Bernardino County, California.
Subject: Proposal to provide engineering services
Dear Ms. Hayes:
We are pleased to submit the following proposal for professional engineering
services to prepare civil engineering plans and documents for the Hayes Towing
facility located on Industrial Parkway in the City of San Bernardino, California.
The proposed facility will be using a portion of Assessor's Parcel 0266-041-16,
which is owned and occupied by Pipe Jacking Unlimited and another tenant.
Based upon the information provided our office, which included the tentative site
plan (Development Permit I [DPI] No. 99-99) approved by the City of San
Bernardino, along with the conditions of approval dated March 1, 2000, and
March 17, 2000, the following scope of work has been prepared.
SCOPE OF WORK
A. Perform a topographic survey of the project site and overlapping areas
(approximately 3.5 acres).
B. Prepare a topographic base map of the project site and overlapping area,
at a scale of 1 inch equals 40 feet or smaller. This plan is to be used as a
base.
C. Prepare a focused drainage study for the project site to determine if
improved drainage swallows will be needed to redirect flows around the
site.
CONSULTING • REPORTS • LAND PLANNING • SURVEYING • INSPECTION • WATER • SANITATION • STREETS&TRAFFIC ENGINEERING
HAYES TOWING
Proposal for engineering services -2- 11-3-00
D. Prepare a project site grading plan at a scale of 1 inch equals 40 feet or
smaller (Condition 2d).
E. Prepare an erosion control plan for the construction area of the project site
(Condition le).
COST ESTIMATE
The cost estimate for the above-outlined professional services is seven thousand
five hundred fifty dollars ($ 7,550.00) and is broken down as follows:
A. Topographic field survey $ 850.00
B. Topographic base map 1,800.00
C. Focused drainage study 600.00
D. Grading plan 2,950.00
E. Erosion control plan 1,350.00
$7,550.00
If the city engineering/planning staff and/or the client require additional
information not outlined above, the cost to prepare that information will be billed at
our standard hourly rate.
Additionally, the costs for reproduction, blue printing, plan checking, and filing are
also not included in our estimate.
Our engineering services cost estimate is based upon our office being provided
with the following information prior to our starting work:
A Conditions of approval and the site plan;
B. An accurate plot plan, including building footprints, elevations and details;
C. Soils report;
D. Any plans that delineate where existing onsite utilities are located;
E. Parking lot lighting plan, including photometry calculation (Condition 2e);
F. Landscape Plan (Condition 2h).
If there are any questions, please do not hesitate to contact the undersigned or
Mr. Jim Hamlin.
HAYES TOWING
Proposal for engineering services -3- 11-3-00
After reviewing this proposal and finding it acceptable, please contact this office
so that a work order can be prepared for your signature.
Thank you for the opportunity to submit this proposal. We look forward to working
with you on this project.
Respectfully submitted,
KRUEPER ENGINEERING & ASSOCIATES, INC.
Fred J. Babbitt
R.C.E. 27674
FJB:kp
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lee Dean, Chief of Police q Subject: Resolution of the City of San
Bernardino entering into an Interim
�
Dept: Police
Agreement for Tow Services with
Hayes Towing consistent with
Date: October 23, 2000 Resolution 1999-86
Synopsis of Previous Council action:
Resolution 1999-86 adopted May 20, 1999
Resolution 2000-47 adopted March 8, 2000
Recommended motion:
Adopt Resolution
Signature
Contact person: Captain Robert Curtis Phone: 384-5606
Supporting data attached: Ward: All
FUNDING REQUIREMENTS: Amount None
Source: (Acct. No.)
(Acct. Description)
Finance 4(&A
Council Notes:
Agenda Item No.T
11 J wo
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject
Resolution of the City of San Bernardino entering into an interim Agreement for Tow Services
(Agreement)with Hayes Towing consistent with Resolution#1999-86.
Background
On May 20, 1999, Mayor Valles and the Common Council adopted Resolution#1999-86, which
establishes the standard criteria for companies to provide tow services for the city. Section 2,
Element 6 reads, "City shall enter agreements with tow carriers not to exceed one company per
35,000 residents of the City."
Six tow carriers were on the tow rotation when Mayor Valles and the Council adopted this
resolution. Those companies were Big Z Auto Works, City Towing, Danny's Towing, Loma
Linda Towing, Tri-City Towing, and Wilson Towing L.L.C. Mayor Valles terminated the
Agreement with Danny's Towing on March 15, 2000. After several continuances at Danny's
Towing's request, an appeal before the Council is tentatively scheduled for February 2001. The
Council adopted Resolution #2000-47 authorizing Mayor Valles to enter the Interim Agreement
with San Bernardino Towing for 90 days with three 30-day extensions. On October 2, 2000, the
Council extended the Interim Agreement with San Bernardino Towing to February 2001.
Loma Linda Towing is suspended from the tow rotation pending adjudication of a criminal case.
This criminal proceeding should be adjudicated by April 2001.
The five remaining companies are towing an average of 120 police request vehicles per month.
This total does not include those vehicles towed under Other Governmental Agency Agreements,
Auto Club affiliations, or private party tows. The Agreement requires the tow carriers to have
storage space for 200 vehicles. The increase in tows caused by the vacancy of an authorized tow
carrier has caused a strain on available storage space.
Findings
With only five of six authorized tow carriers providing tow services, the department reduced the
number of Safety Restraint Checkpoints conducted throughout the City. The checkpoints
typically resulted in the impounding of more than fifty vehicles for driving license violations and
more than 200 citations for traffic violations. When six tow carriers provided tow services, the
department conducted one or more checkpoints per month at locations found to have high
incidence of traffic collisions. These enforcement efforts have caused the rate of traffic
collisions involving unlicensed drivers to decrease.
The addition of the sixth authorized tow carrier will reduce the strain placed on the existing five
tow carriers' storage capabilities when the department conducts Safety Restraint Checkpoints.
By increasing the number of checkpoints throughout the City, the number of unlicensed drivers
and collisions involving these drivers will continue to decrease.
Currently, two tow carriers have facilities located within the city's jurisdiction and are available
for inclusion on the tow rotation list.
• Elite Towing now has a facility located in San Bernardino and meets the
requirements of the Agreement. However, Elite Towing is the subject of a pending
criminal investigation that has been submitted to the District Attorney's Office.
Additional follow-up investigation may take more than 60 days to complete. If
criminal charges are filed, Elite Towing will not meet the minimum requirements of
the Agreement.
• Hayes Towing has a facility located in San Bernardino and meets the requirements
of the Agreement. Hayes Towing is in good standing with the CHP and does not
have pending disciplinary action. Hayes Towing is available for inclusion on the tow
rotation on an interim basis.
Department staff recommends the selection of Hayes Towing as an Interim tow carrier. The
interim term will be ninety days with three thirty-day extensions, as necessary.
Financial Impact
There is no financial impact to the City. The recommended tow carrier will incur an equal share
of the $24,000 per month Franchise Fee,which is invoiced to the participating tow companies.
Recommendation
Adopt Resolution
Wilson Fr
From: Curtis Ro
Sent: Friday, November 03, 2000 2:42 PM
To: Wages_Ja
Cc: Wilson Fr; Woolard Bi; Lawrence Br
Subject: Item#19 (Interim Tow Service)- 11/6/00 City Council meeting
Jan,
The police department is requesting that item#19 (Hayes as an interim tow service provider) be continued until the
11/20/2000 council meeting.
The continuance is due to a call from Bill Woolard from Development Services. Development Services issued Hayes a
development permit with conditions imposed on 3/17/2000. As of today these conditions have not been fully satisfied,
possibly due to a misunderstanding. The continuance should provide ample time to resolve these issues.
1
CONTINUED FROM NOVEMBER 20, 2000
21. Resolution of the City of San Bernardino authorizing the Mayor to
execute an agreement with -Fourth Street Rock Crusher, a
California Corporation, and the San Bernardino City Unified
School District for the design and construction of Phase I road
improvements to State Street and the design and installation of a
traffic signal at the intersection of State Street and Baseline Street.
(Backup material was distributed on October 2, 2000, Item No.
30; item was continued to October 16, 2000, Item No. 25; item
was continued to November 20, 2000, Item No. 22.) Ward 6
Approved
MOTION: That said resolution be adopted.
Adopted 2000-346
CONTINUED FROM NOVEMBER 20, 2000
22. Resolution of the Mayor and Common Council of the City of San
Bernardino approving the Memorandum of Understanding with the
County of San Bernardino, the City of Rialto, and the City of
Colton to extend Pepper Avenue to future State Route 210 and
authorizing the City Administrator to submit a joint application
with the City of Rialto for Federal Aid Surface Transportation
Program (STP) funding for the extension. (Backup material was
distributed on November 20, 2000, Item No. 24.)
Approved
MOTION: That the matter be continued to December 18, 2000.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Police
CONTINUED FROM NOVEMBER 6, 2000
23. A resolution of the City of San Bernardino entering into an Interim
Agreement for Tow Services with Hayes Towing consistent with
Resolution 2000-47. (Backup material was distributed on
November 6, 2000, Item No. 19.)
No Action Taken
MOTION: That said resolution be adopted.
Approved
Motion: That the matter be continued to December 18, 2000.
END OF CONTINUED ITEMS
8 12/04/2000
19. A resolution of the City of San Bernardino entering into an Interim
Agreement for Tow Services with Hayes Towing consistent with
Resolution 2000-47. (See Attached) (No cost to the City.)
No Action Taken
MOTION: That said resolution be adopted.
Approved
MOTION: That the matter be continued to December 4, 2000.
COMMITTEE CONSENT
Recommended for approval by the Ways and Means Committee
on October 18, 2000 - Council Members present: Schnetz,
McGinnis and McCammack
20. Fiscal Year 1999/2000 Year End Report. (See Attached)
Approved
MOTION: That the Fiscal Year 1999/2000 Preliminary Year End
Budget report be received and filed.
Recommended for approval by the Ways and Means Committee
on October 18, 2000 - Council Members present: Schnetz,
McGinnis and McCammack
21. Fiscal Year 2000/2001 First Quarter Budget Report. (See
Attached)
Approved
MOTION: That the first quarter budget update for Fiscal Year
2000/2001 be received and filed.
END OF COMMITTEE CONSENT
'mot