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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA, ADDING CHAPTER
12.78 TO THE CITY OF CATHEDRAL CITY MUNICIPAL
CODE REGARDING ROTATIONAL TOWING SERVICES
WHEREAS, Pursuant to California Vehicle Code section 12110(b), the City has the authority to grant franchises to companies that provide certain towing services and to collect a franchise tow service fee to offset actual and reasonable costs incurred in connection with administering its towing program; and
WHEREAS, since 2014 the City has had nonexclusive franchise agreements with two tow operators for tow service, which serve on a revolving rotational schedule as determined by the Cathedral City Police Department (“Police Department”); and WHEREAS, the City Council finds that the tow operators under the current franchise agreements do not have the resources to provide services or lack specific equipment for certain tows; and
WHEREAS, the City Council desires to increase the number of tow operators providing services to the City; and
WHEREAS, the City Council desires to create a Tow Rotational Program that provides for safe, efficient and rapid removal of vehicles and to help maintain safety on the roadways and throughout the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION 2. CHAPTER 12.78 OF TITLE 12 OF THE CITY OF CATHEDRAL CITY MUNICIPAL CODE.
Chapter 12.78 [Rotational Towing Services] of Title 12 the City of Cathedral City Municipal Code is hereby added to read as shown in Exhibit "A".
SECTION 3. EFFECTIVE DATE.
This ordinance shall be effective 30 days from and after its final passage.
SECTION 4. SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any LA #4867-7241-4542 v1
court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Cathedral City hereby declare they would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. PUBLICATION.
The City Clerk is authorized and directed to cause this ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code (c).
INTRODUCED at the regular meeting of Cathedral City Council on the _____ day of __________2023.
PASSED, APPROVED AND ADOPTED at the regular meeting of Cathedral City Council on the _______ day of ___________2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
Rita Lamb, Mayor
ATTEST:
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
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Exhibit A
Chapter 12.78
ROTATIONAL TOWING SERVICES
Sections:
12.78.010 Purpose and intent.
12.78.020 Definitions.
12.78.030 Tow truck operator franchise.
12.78.040 Nonexclusive franchise.
12.78.050 Selection of franchisees.
12.78.060 Rotation Tow Services Program.
12.78.070 Vehicle impound cost recovery fee.
12.78.080 Franchise fees.
12.78.090 Franchise agreements.
12.78.100 Additional services to be provided.
12.78.110 Authority to maintain City towing operations and towing yard.
12.78.010 Purpose and intent.
It is the intent of this chapter and any subsequent amendments thereto to prescribe the basic regulations for the operation of the City of Cathedral City ("City") and Cathedral City Police Department ("Police Department") towing service in emergency situations and in the removal of vehicles that are abandoned, involved in an accident, or constitute an obstruction to traffic because of mechanical failure. It is the purpose of the City Council in enacting this chapter to provide a fair and impartial means of distributing requests for towing services among qualified franchises, and to ensure that such service is prompt and reasonably priced, and in the best interests of the public as well as the interest of efficient policing operations for the removal of such vehicles from public streets.
12.78.020 Definitions.
For purposes of this chapter, the following terms, phrases, words, and derivations shall have the meaning given in this section:
"City Manager" means the City Manager of the City of Cathedral City. "Franchise agreement" means an agreement between the City and a franchisee for the purpose of providing towing services as provided in this chapter.
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"Franchisee" means a certain tow truck operator to which the Police Chief, in cooperation with the City Manager, grant a nonexclusive franchise for purposes of providing towing services to the City under and pursuant to the provisions of this chapter. "Police Chief means the Chief of Police of the Police Department of the City of Cathedral City. "Police Department" means the Police Department of the City of Cathedral City. "Tow truck operator" means a towing company and the owner(s) and/or managing employee(s) of a towing company.
12.78.030 Tow truck operator franchise.
The Police Chief, in cooperation with the City Manager, may at its discretion grant a nonexclusive franchise to a tow truck operator ("franchisee") to provide towing services to the City under and pursuant to the provisions of this chapter.
12.78.040 Nonexclusive franchise.
A. All franchises granted to franchisees pursuant to this chapter shall be nonexclusive and shall be for a term to be specified by the Police Chief in the franchise agreement between the City and the franchisee.
B. No provisions of this chapter shall be deemed to require restricting the number of franchises to one or any particular number, and no provision of this chapter shall be deemed to require the Police Chief to grant any franchise if the Police Chief determines that the grant of any such franchise is not in the best interest of the City and the public.
12.78.050 Selection of franchisees.
A. The selection of the franchisees shall be done through a competitive selection process.
Upon any opening(s) on the rotation list, the City Manager, in cooperation with the Police Chief, shall issue a notice of request for qualifications (RFQ) to solicit interested tow truck operators.
The RFQ shall be posted on the City's website and posted on a website devoted to procurement services, bid and vendor management such as Planetbids.com. Responses to the RFQ shall be due no earlier than 20 days following posting of the notice as required herein.
B. The Police Chief, in coordination with the City Manager or designee, shall evaluate the qualifications of the tow truck operators responding to the RFQ. No later than 60 days after receipt of the responses to the RFQ, the Police Chief shall submit to the City Council for consideration the qualifications of the tow truck operator(s) that he/she deems most qualified together with a franchise agreement pursuant to the Rotation Tow Services Program.
C. With respect to the selection process as provided herein, the Police Chief shall determine the number of franchisees needed to provide towing services to the Police Department. In determining the required number of franchisees, the Police Chief may consider the following factors:
1. The operational needs of the Police Department;
2. Population growth;
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3. The number of currently authorized franchisees and their average response time;
4. Administrative burdens imposed by the number of franchisees to be included in a rotation list; and
5. Such other reasonable factors as determined by the Police Chief.
D. With respect to evaluating the qualifications of the tow truck operators responding to the RFQ, the Police Chief shall consider the following factors:
1. Whether the tow operation applicants can satisfy the insurance, business license, and tow operator permit requirements of the franchise agreement;
2. Whether the applicants are qualified on the basis of prior experience in the towing operation business and financial responsibility;
3. Whether the tow operation applicants can provide service calls for the police department twenty-four hours a day, including holidays;
4. Whether the applicants will accept all tows requested by the city, including tows of abandoned or dismantled vehicles and/or tows requiring special equipment;
5. Whether the applicant, or any person involved with the applicant has been refused a towing permit or contract or had a towing permit or contract suspended or revoked by this city or any other city;
6. Applicants’ rates, fees and other charges when the tow is initiated by a call from the city, including, applicants standard tow rate; impoundment rates for day and night and whether an after-hours release fee is charged; hourly rates for extended service, based on a thirty minute maximum normal time after arrival at the location for the tow; and daily storage fees and list of other miscellaneous tow operation fees; and
7. Whether applicants are able to meet the maximum response time as determined by the Police Chief.
12.78.060 Rotation Tow Services Program
The tow truck operators who obtain a franchise pursuant to this chapter shall provide towing service to the City pursuant to the Rotation Tow Services Program established by the Police Chief.
12.78.070 Vehicle impound cost recovery fee.
A. The vehicle impound cost recovery fee ("VICR fee") shall be set by the Police Department.
B. The City hereby establishes a VICR fee, payable when a registered owner or a legal owner seeks the release of a vehicle which the Police Department has impounded.
C. A registered owner who redeems an impounded vehicle or requests its release from a franchisee's storage facility shall first pay to the Police Department the VICR fee.
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D. The Police Department may waive the VICR fee due to extenuating circumstances. It is not the intention of the City nor the Police Department to penalize victims. Circumstances under which the VICR fee may be waived include the impounding of recovered stolen or embezzled vehicles, and vehicles impounded due to driver injury or incapacitation.
12.78.080 Franchise fees.
Any tow truck operator granted a franchise pursuant to the provisions of this chapter shall pay to the City franchise charges and fees pursuant to the franchise agreement. Such fee shall not exceed the City's annual cost of administration and enforcement of this chapter.
12.78.090 Franchise agreements
All franchises granted by the Police Chief pursuant to this chapter shall be memorialized in a written franchise agreement between the franchisee and the City.
12.78.100 Additional services to be provided.
Franchisee shall provide to the City, at no charge, the services needed to facilitate the City's vehicle abatement program. Additionally, the franchisee will provide emergency response to aid and service City and Police Department vehicles that are one ton or less, within fifty miles of City limits, at no cost to the City or Police Department.
12.78.110 Authority to maintain City towing operations and towing yard.
Nothing in this chapter shall be construed as restricting or prohibiting the City from conducting its own towing operations or maintaining its own towing yard, either in lieu of, or in addition to, any franchise awarded pursuant to this chapter.