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HomeMy WebLinkAbout24- Police CITY 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. i ignature Contact person: Sergeant Jenifer Aragon Phone: 182-8718 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: (7L Source: Finance: Council Notes: J > ° 75-02e2 Agenda Item 'Z7 -zO�j Y CITY OF SAN BERM ARDINO - REQUEST FAR 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 Section 2 . 34 . 030(G) of the San Bernardino Municipal Code be repealed; 2 .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 Resolution No. 82-179 be repealed. 75.0264 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTION 2 . 34 .030(G) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE 3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 : 12 No rate or fare shall be placed in effect, charged, 13 demanded, or collected by any carrier for the transportation of 14 passengers by vehicles, or by any ambulance carrier for its 15 services as covered by this chapter until the Bureau, after a 16 hearing upon its own motion, or upon application, or complaint, 17 has found and determined the rate to be just, reasonable and 18 nondiscriminatory, nor in any way, in violation of any provisions 19 herein contained or any provision of law; nor until the rate or 20 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 24 all comparable transportation services performed by all persons, 25 firms or corporations engaged in such transportation services for 26 compensation in the city, whether by virtue of any franchise 27 granted by the Common council or otherwise, including length of 28 1 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 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 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 . 24 25 26 27 28 2 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: 26 JAMES F. PENMAN, City Attorney 27 By: 28 -� 3 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 82-179 RELATING TO FIXING AND ESTABLISHING RATES OF 3 TOWING AND STORAGE SERVICES BY TOWING VEHICLES. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS : 5 SECTION 1 . Resolution No. 82-179 is hereby repealed. 6 I HEREBY CERTIFY that the foregoing resolution was duly 7 adopted by the Mayor and Common Council of the City of 8 San Bernardino at a meeting thereof, held on the 9 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 resolution is hereby approved this day 21 of , 1995 . 22 23 Tom Minor, Mayor City of San Bernardino 24 Approved as to 25 form and legal content: 26 JAMES F. PENMAN, City A torney 27 28 Py: 1