CITY COUNCIL ADVISORY BOARDS AND COMMISSIONS
_______________________________________________________________________________________
Approved by: City Council
February 22, 2000
Revised: April 2, 2019, March 18, 2025, September 16, 2025 I. Policy
A. Intent - The intent of this policy is to define, describe and address various matters related to city council advisory boards and commissions that are not otherwise defined, described or addressed by ordinance or state law.
B. Establishment – The city council may establish advisory boards and commissions, from time to time, by ordinance or resolution, as part of the sub -government of the city and set forth their powers and duties.
C. Purpose - The purpose of establishing advisory boards and commissions is to: (1) provide an additional forum and opportunity for community participation in the public decision making process; (2) perform specific administrative acts on behalf of the city as may be directed by the city council or the staff liaison; (3) provide advice to the city council on specific policy-related issues as may be requested or directed by the city council or recommended by the staff liaison.
D. Scope – The provisions set forth in this policy apply to all advisory boards and commissions, unless otherwise provided by ordinance or state law.
II. Boards and Commissions
A. Rules of Procedure – The latest version of Rosenberg’s Rules of Order (Simple Rules of Parliamentary Procedure of the 21st Century) shall govern the conduct of meetings of all advisory boards and commissions, unless otherwise provided by ordinance or state law.
The city clerk shall maintain the latest version of Rosenberg’s Rules of Order which the staff liaison shall use and reference when necessary.
B. Ralph M. Brown Act – The Ralph M. Brown Act shall apply to all commissioners and all advisory boards and commissions.
C. Representation – Each newly created advisory board or commission shall consist of at least five voting members and two alternate members. Each advisory board and commission shall have a voting member recommended or nominated by each district councilmember, with the fifth voting member and two alternate members reserved for those recommended or nominated by the mayor. Nothing set forth herein shall preclude the city council from creating advisory boards and commissions with additional voting members and alternate members.
D. Alternate Members – Alternate members shall be entitled to vote only when filling in for an absent voting member at a meeting.
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CITY COUNCIL ADVISORY BOARDS AND COMMISSIONS
_______________________________________________________________________________________
Approved by: City Council
February 22, 2000
Revised: April 2, 2019, March 18, 2025, September 16, 2025
E. Quorum – A quorum shall be necessary to conduct an official meeting of any advisory board or commission.
F. Terms – The initial terms of office for any newly created advisory board or commission shall be staggered with an odd number of members serving an initial term consisting of an odd number of years and an even number of members serving an initial term of an even number of years, with all subsequent terms set at two to four years for each member.
No person who has served three successive terms as a member of the same advisory board or commission shall be eligible for reappointment to that advisory board or commission. For purposes of this section, any member who serves for two years or more of a term, whether appointed or unexpired, shall be deemed to have served a full term.
Neither terms completed prior to the effective date of this provision nor terms in progress at the time this provision takes effect shall count toward the three-term limit.
F.G. Term Extensions – Notwithstanding the designated terms, a term shall be subject to automatic extension until the respective member’s successor is officially appointed and assumes office.
G.H. Chairperson Designation – At the first mee ting of each fiscal year, or as soon thereafter, or as otherwise provided by the city council , each advisory board or commission shall designate a chairperson and vice -chairperson from amongst its members. The chairperson shall serve as the presiding officer of the respective advisory board or commission, and the vice-chairperson shall serve as the presiding officer in the absence of the chairperson. A majority of the advisory board or commission may remove the chairperson or vice -chairperson at any time with or without cause. The decision to remove the chairperson or vice -chairperson shall not be subject to appeal to the city council.
H.I. Meeting Minutes - The minutes of all advisory board and commission meetings shall be filed with, and maintained by, the pertinent d epartments or divisions and shall be maintained according to the City’s Records Retention Schedule.
I.J. No Compensation – No member shall receive any compensation or stipend for his or her services while serving on an advisory board or commission , unless otherwise provided by ordinance or state law.
J.K. Reimbursement – A member may be entitled to reimbursement for any personal expenditures (not including time) related to the purchase or procurement of any supplies 312
City of Moreno Valley Legislative Policy #1.10
CITY COUNCIL ADVISORY BOARDS AND COMMISSIONS
_______________________________________________________________________________________
Approved by: City Council
February 22, 2000
Revised: April 2, 2019, March 18, 2025, September 16, 2025 or equipment only if such expenditures were authorized beforehand by the pertinent department director or designee and approved by the respective advisory board o r commission as an agendized item at a duly noticed public meeting.
K.L. Attendance Sheet – Each staff liaison shall prepare and maintain an ongoing regular meeting attendance sheet for their respective advisory boards and commissions throughout each fiscal yea r and submit the same to the city clerk after the last regular meeting of the month of each of their advisory boards and commission. The city clerk shall submit a master attendance sheet to the city council at the first regular city council meeting of each month as a consent calendar item. Attendance sheets shall include the name of the advisory board and commission, the name each member, and whether the member was in attendance or absent for each listed regular meeting, and if absent whether the absence was excused or unexcused.
L.M. Absences – Any member who may not be able to attend a scheduled advisory board or commission meeting and wants to be excused from attending said advisory board or commission meeting shall promptly notify the staff liaison as soon as possible, via email or text, unless otherwise prohibited due to illness or technological infeasibility, the reason or reasons why the member cannot attend the subject meeting. The staff liaison shall forward a copy of the request to be excused to the entire advisory board or commission immediately upon receipt of the request to be excused by the staff liaison. The staff liaison shall verbally disclose at the advisory board or commission meeting, at the appropriate time on the agenda , any requests to be excused received from any member.
The advisory board or commission shall approve a request to be excused if the absence is due to any of the following: (1) the member is ill; (2) the member has to provide care to an ill spouse, domestic partner or other partner or dependent who resides with the member, (3) the member must attend an official city event approved by the advisory board or commission or city council, or (4) for any other reason ap proved by a 2/3 rds vote the respective advisory board or commission. The action taken by the advisory board or commission on a request to be excused from attending an advisory board or commission meeting shall be included in the minutes of the respective advisory board or commission meeting.
M.N. Excessive Un-Excused Absences. Any member who has accumulated more than three unexcused absences during any given fiscal year (from July 1 through June 30) shall be deemed to have automatically forfeited his or her office as a member. There shall be no appeal or reconsideration of such an automatic forfeiture of office.
N.O. Regular Meetings – Regular meetings may be scheduled on an as -needed basis provided that at least 72 hours advanced notice is provided as required by the Brown Act. In the alternative, regular meetings may be set by ordinance or resolution adopted 313
City of Moreno Valley Legislative Policy #1.10
CITY COUNCIL ADVISORY BOARDS AND COMMISSIONS
_______________________________________________________________________________________
Approved by: City Council
February 22, 2000
Revised: April 2, 2019, March 18, 2025, September 16, 2025 by the city council or vi a resolution adopted by the respective advisory board or commission, along with meeting times and location.
O.P. Special Meetings – Pursuant to the Brown Act, special meetings may be called at any time by the presiding officer of the respective advisory board or commission, or by a majority of the members of the advisory board or commission, subject to providing at least 24 hours advance notice as required by the Brown Act.
P.Q. Action – All advisory boards and commissions shall take final action by either minute order of resolution. Advisory boards or commission s shall not be authorized to adopt ordinances.
Q.R. Ad-Hoc Advisory Subcommittees – The chairperson may establish, on an as -needed basis, an ad-hoc advisory subcommittee to review any issue or item within the subject matter jurisdiction of the respective advisory board or commission, which shall not be subject to the Bro wn Act, provided the ad -hoc advisory subcommittee consist of less than a quorum of the subject advisory board or commission, serves a limited or single purpose, functions for a temporary period of time , and is dissolved once the ad-hoc advisory subcommittee’s specific task is completed.
R.S. Standing Commit tees – A majority of any advisory board or commission may establish, on an as-needed basis, a standing committee, to review and monitor any issue or item within the subject matter jurisdiction of the respective advisory board or commission, which shall be subject to the Brown Act, regardless of its composition and number of members, if it has continuing subject matter jurisdiction over the respective issue or item or a meeting schedule set by resolution or other formal action of t he advisory board or commission.
S.T. City Council Liaison - The city council may appoint a councilmember to serve as a council liaison to any advisory board or commission it so chooses. The council liaison shall attend at least one advisory board or commission meeting per fiscal year (from July 1 through June 30) and any additional meetings on an as -needed or as-requested basis, subject to the council liaison’s availability. The role of the council liaison includes the following: (a) serving as a liaison betwe en the advisory board or commission and city council; (b) informing the respective advisory board or commission regarding any city council direction or requests; (c) providing clarification to the respective advisory board or commission regarding any city council direction or requests; and (d) reporting on the status of various assignments and matters under consideration by the subject advisory board or commission to the city council. The council liaison shall not be authorized to vote and shall refrain fr om participating in an advisory board o r commission’s 314
City of Moreno Valley Legislative Policy #1.10
CITY COUNCIL ADVISORY BOARDS AND COMMISSIONS
_______________________________________________________________________________________
Approved by: City Council
February 22, 2000
Revised: April 2, 2019, March 18, 2025, September 16, 2025 discussions or deliberations.
a. Attendance Sheet – Each staff liaison shall prepare and maintain an ongoing regular meeting attendance sheet for their respective advisory boards and commissions throughout each fiscal year and submit the same to the city clerk after the last regular meeting of the month of each of their advisory boards and commission. The city clerk shall submit a master attendance sheet to the city council at the first regular ci ty council meeting of each month as a consent calendar item. Attendance sheets shall include the name of the advisory board and commission, the name of each Council Liaison, and whether the Liaison was in attendance or absent for each listed regular meeting.
U. Staff Liaison - The pertinent department director or designee shall designate a staff member, with the consent of the city manager, to serve as a staff liaison to each advisory board and commission. The staff liaison shall provide administrative as sistance to the staff liaison’s assigned advisory board or commission.
V. Administrative Assistance - Administrative assistance shall include: (a) scheduling meetings and making necessary arrangements, such as, but not limited to confirming each member’s availability and venue availability; (b) preparing agendas; (c) preparing staff reports; (d) preparing minutes; (e) preparing and providing any required public notice; (f) taking roll call during meetings; (g) processing requests for excused absences; (h) serving as parliamentarian during meetings; (i) conducting and providing any follow- up, including research, regarding matters requested by formal action of the staff liaison’s assigned advisory board or commission ; (j) serving as a liaison between the advi sory board or commission and city staff, council liaison, and other entities including, without limitation, any pertinent city departments and divisions, public agencies and private entities; (k) providing assistance as may be requested from time -to time b y the staff liaison’s department director or designee; and (l) providing assistance as may be requested from time-to-time by the council liaison provided the assistance is related to the subject matter jurisdiction of the staff liaison’s assigned advisory board o r commission. Notwithstanding the above, the pertinent department director or designee may modify, revise, postpone or cancel any of the above administrative assistance if deemed necessary under the subject circumstances at the time.
III. Appointment Procedures
A. Appointments – Pursuant to state law, the mayor shall make all advisory board and commissioner appointments subject to the approval of a majority vote of the entire membership of the city council in an open session meeting of the city council, based on nominations or recommendations submitted by each district councilmember for those member seats designated for district-based appointments. This is intended to ensure that 315
City of Moreno Valley Legislative Policy #1.10
CITY COUNCIL ADVISORY BOARDS AND COMMISSIONS
_______________________________________________________________________________________
Approved by: City Council
February 22, 2000
Revised: April 2, 2019, March 18, 2025, September 16, 2025 there is representation of each district on each advisory board or commission. The mayor is authorized to appoint, subject to approval by majority vote of the entire membership of the city council any additional members to any advisory board or commission that already has a representative from each district who was nominated or recommended by the respective district councilmember, provided that such additional members do not result in disproportionate representation by any given district on the respective advisory board or commission. The mayor may appoint alternate members to advisory boards and commissions subject to approval by majority vote of the entire membership of the city council provided that such appointments do not result in disproportionate representation by any given district on the respective advisory board or commission.
B. Local Appointments List - The city clerk shall prepare an appointments list of all regular and ongoing boards and commissions which are appointed by the city council in accordance with applicable state law.
C. Special Vacancy Notice - Whenever an unscheduled vacancy occurs on any advisory board or commission, the city clerk shall, as soon as practicable, post a special vacancy notice in the city clerk’s office, on the city’s website and at the same physical locations the city council regular meeting agendas are posted.
D. Appointment Application - All applicants, including incumbents, seeking appointment as a member to any advisory board or commission shall complete the standard application form provided by the city clerk which shall be submitted to the city clerk for processing and consideration. Incomplete applications shall be returned to the applicant as incomplete and will not be accepted for processing unless a complete applica tion is submitted. Complete applications submi tted after the applicable application deadline shall be rejected. There shall be no appeal or reconsideration of any applications rejected as incomplete or late.
E. Filling Unexpired Terms – Vacancies created prior to the expiration of a member’s term of office shall be filled for the remaining term of said vacancy, with priority provided to alternate members who reside in the same district as the member who previously occupied the vacated office.
F. At-Will Service – Service as a member of any advisory board or commission shall be at- will, meaning that any member may be removed, dismissed or discharged at any time with or without cause, upon a recommendation of the councilmember, who nominated or recommended the subject appointment in the first place, and approval of the city council at a duly noticed meeting of the city council. The decision to remove, dismiss or discharge a member shall be deemed final and shall not be subject to appeal or reconsideration.
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City of Moreno Valley Legislative Policy #1.10
CITY COUNCIL ADVISORY BOARDS AND COMMISSIONS
_______________________________________________________________________________________
Approved by: City Council
February 22, 2000
Revised: April 2, 2019, March 18, 2025, September 16, 2025
G. Planning Commission Appointments – Interview Process - All Planning Commission appointments shall be conducted in open session and shall include an interview process by the City Council prior to any appointment action, consistent with the Ralph M. Brown Act.
IV. Eligibility
A. Eligibility - Unless otherwise permitted or required by ordinance for a particular advisory board or commission, an applicant shall be at least 18 years of age and a registered voter of the City of Moreno Valley, and meet all other eligibility requirements set forth in this policy and established by ordinance for the respective advisory board or commission.
B. Concurrent Offices – No member shall serve on more than one advisory board or commission at the same time. The consequence of serving on two advisory boards and commissions at the same time is that a sitting member who is appointed to another advisory board or commission shall be deemed to have automatically forfeited his or her membership on the first advisory board or commission, upon accepting a subsequent or concurrent appointment as a member to another advisory board or commission.
C. Change of Residency – Any member who changes their residency , if residency is requirement of the particular office, from the district from which he or she was appointed or relocates their residency out of the City of Moreno Valley during his or her term shall be deemed to have automatically forfeited his or her office. There shall be no appeal or reconsideration of such automatic forfeiture of office.
D. Loss of City Voter Registration - Any member who ceases to be a registered voter of the City of Moreno Valley, if such voter registration a requirement of the particular office, shall be deemed to have automatically forfeited his or her office. There shall be no appeal or reconsideration of such automatic forfeiture of office.
E. Oath of Office - Prior to assuming office as a member of an advisory board or commission, the appointee shall take the oath/affirmation of office as req uired by the California Constitution, and/or provide any required bond.
F. City Employees – No city employee or former city employee who has been separated from the city for less than one calendar year may serve as a member of any advisory board or commission.
G. Nepotism – Any person who has an immediate family member who serves on the city 317
City of Moreno Valley Legislative Policy #1.10
CITY COUNCIL ADVISORY BOARDS AND COMMISSIONS
_______________________________________________________________________________________
Approved by: City Council
February 22, 2000
Revised: April 2, 2019, March 18, 2025, September 16, 2025 council shall not be eligible for appointment to any advisory board or commission . In addition, any person who has an immediate family member who is employed by the city shall not be eligible for appointment to any advisory board or commission that oversees any aspect of the department or division that the immediate family member works at on a routine basis. If during a member’s term, an immediate family member is elected or appointed to the city council or employed by the city to work in a department or division that is overseen by the member’s advisory board or commission, it shall result in the automatic forfeiture of his or her office. There shall be no appeal or reconsideration of such forfeiture of office.
H. First Amendment Rights - While a member of an advisory board or commission is not expected to relinquish or waive his or her first amendment rights for an appointment to an advisory board or commission, all members are expected to publicly support or not publicly oppose any official action taken by their respective advisory board or commission or the city council regarding any matter within the subject matter jurisdiction of the respective advisory board or commission. This simply creates an expectation that once someone accepts an appointment to a n advisory board or commission, he or she should not be making any public comments that are contrary to or in conflict with any official policy or formal action taken by the city council or the respective advisory board or commission at: (a) any city council meeting or other public meeting of any legislative body of the city or its affili ated agencies , including without limitation the planning commission, (b) any regional boards, committees or commissions which include a member appointed by the city council, or (c) any other legislative bodies of any jurisdiction or agency which include the city within their jurisdictional boundaries.
I. Mandatory Ethics Training – Any member who fails to complete the mandatory AB 1234 two-hours ethics training, within one year of the date of official appointment, and thereafter every two years, shall result in the automatic forfeiture of his or her office.
There shall be no appeal or reconsideration of such automatic forfeiture of office.
J. Disclosure of Confidential Information - A board or commissioner who discloses, without written authorization by the staff liaison, any information deemed confidential or exempt from disclosure under any federal, state or local law, regulation or policy shall result in the automatic forfeiture of his or her office, upon receiving notice from the city clerk or city attorney confirming that the disclosure was unauthorized under an applicable federal, state or local law, regulation or policy. There shall be no appeal or reconsideration of such an automatic forfeiture of office.
K. Criminal Background Check – All applicant s shall be subject to the same criminal background checks which prospective city employees are subject to as a condition of employment. Failure to submit to the required criminal background check within the 318
City of Moreno Valley Legislative Policy #1.10
CITY COUNCIL ADVISORY BOARDS AND COMMISSIONS
_______________________________________________________________________________________
Approved by: City Council
February 22, 2000
Revised: April 2, 2019, March 18, 2025, September 16, 2025 time prescribed shall result in the automatic rejection of the subject applications and/or forfeiture of the applicant’s appointment status. There shall be no appeal or reconsideration of any such rejection or forfeiture.
L. Felony Arrests – Any member arrested for any felony offense but not charged shall be automatically suspended as a member until such time a decision has been made by the pertinent prosecuting authority to not charge the member for the offense(s) that were the basis of the subject arrest. If no charges are brought against the subject member, he or she shall be automatically reinstated until his or her term expires . There shall be no appeal or reconsideration of such suspension or reinstatement.
M. Felony Charges – Any member charged, but not yet convicted, shall be automatically removed, dismissed and discharged as a member, and shall not be eligible to subsequently apply to serve as a member to any advisory board or commission unless the charges have been dismissed, or the member has been acquitted of the charges. There shall be no appeal or reconsideration of such removal, dismissal or discharge.
N. Criminal Convictions – No person shall be eligible to serve as a member of any advisory board or commission if he or she has been convicted of any state or federal felony offense or any crime of moral turpitude.
O. Other Grounds for Forfeiture of Office – A member shall be deemed to have automatically forfeited his or her office under the following circumstances: (a) an adjudication pursuant to a quo warranto proceeding declaring that the member is physically or mentally incapacitated due to disease, illness, or accident, and that there is reasonable cause to believe that the member will not be able to perform the duties of his or her office for the remainder of his or her term; (b) the decision of a competent tribunal declaring void the members appointment; (c) the making of an order vacating the members office or declaring the offi ce vacant when the member fails to furnish an additional or supplemental bond; (f) the member’s commitment to a hospital or sanitarium by a court of competent jurisdiction as a drug addict, dipsomaniac, inebriate, or stimulant addict.
V. Definitions.
A. Definitions and Descriptions– The following words, terms and phrases shall be subject to the following definitions and descriptions:
1. “Brown Act” shall mean the Ralph M. Brown Act, which governs open meetings for local government bodies , as contained in s ection 54950 et seq. of the California Government Code.
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City of Moreno Valley Legislative Policy #1.10
CITY COUNCIL ADVISORY BOARDS AND COMMISSIONS
_______________________________________________________________________________________
Approved by: City Council
February 22, 2000
Revised: April 2, 2019, March 18, 2025, September 16, 2025
2. “Crimes of Moral Turpitude” include any category of crimes that involve either dishonesty or depraved conduct that is shocking to a reasonable person, including but not limited to murder, embezzlement, burglary, arson, robbery, perjury, aggravated assault, attempted lewd acts on a minor, child abuse, domestic violence, failure to register as a sex offender, felon in possession of a firearm, rape, voluntary manslaughter, and welfare fraud.
3. “Immediate family member” shall mean spouse, domestic partner, cohabitant, child, stepchild, grandchild, parent, stepparent, mother -in-law, father-in-law, son-in-law, daughter-in-law, grandparent, great grandparent, brother, sister, half -brother, half- sister, stepsibling, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or first cousin.
4. “Oath of office” shall mean the oath of office specified in the California Constitution, as set forth in Article XX, section 3, abs ent the second paragraph, which has been deemed invalid under United States Constitution.
5. “Office” shall mean membership on an advisory board of commission.
6. “Mandatory Ethics Training ” shall mean the mandatory ethics training require d of all local legislative bodies eligible to receive reimbursements as set forth in section 53234 through 53235.2 of the California Government Code.
7. “Presiding Officer” shall mean the member designated as chairperson who shall be responsible for administering the rules of conduct during a meeting of an advisory board or commission, subject to the advice of the staff liaison who shall serve as parliamentarian.
8. “Quorum” shall mean a majority of the current number of voting members on the respective advisory board or commission unless otherwise provided by ordinance .
An alternate may be counted toward establishing a quorum in the event the alternate is present at the respective meeting filling in for an absent commissioner.
9. “State law” shall include, but not limited to, the Constitution of the State of California, legislation enacted and codified into the California Codes, regulations set forth in the California Code of Regulations, and case law set forth in the published decisions of the California Supreme Cou rt, California Courts of Appeal , and California Attorney General Opinions.
10. “Subject matter jurisdiction” shall m ean those issues or matters that are within the 320
City of Moreno Valley Legislative Policy #1.10
CITY COUNCIL ADVISORY BOARDS AND COMMISSIONS
_______________________________________________________________________________________
Approved by: City Council
February 22, 2000
Revised: April 2, 2019, March 18, 2025, September 16, 2025 scope of decision-making authority of the respective advisory board or commission, as set forth by ordinance, resolution or formal action adopted or imposed by the city council.
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Report to City Council
ID: 26-0166 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, City Manager
AGENDA DATE: April 21, 2026
TITLE: REGULAR AND URGENCY ORDINANCES
REGARDING ROTATIONAL TOW SERVICES
PROGRAM (REPORT OF: CITY MANAGER) (DISTRICT:
ALL DISTRICTS)
TITLE SUMMARY: Regular and Urgency Ordinances Regarding Rotational Tow Services Program
DISTRICT: All Districts
Recommendation(s)
That the City Council:
1. A DOPT Urgency Ordinance No . XX amending Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) to allow tow operators with principal places of business and sto rage facilities located within a certain distance from the C ity's jurisdictional boundaries to also participate in the City's Rotational Tow Service Program; and
2. I NTRODUCE and subsequently adopt Ordinance No . XX amending Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) to allow tow operators with principal places of business and storage facilities located within a certain distance from the City's jurisdictional boundaries to also participate in the City's Rotational Tow Service Program; and
3. Direct staff to immediately prepare and distribute a revised Request for Proposal that references any approved revisions to the City's Rotational Tow Service Program.
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SUMMARY
The purpose of these ordinances is to revise the City’s Rotational Tow Services Program (“Program”) to allow tow operators with principal places of business and storage facilities located within a certain distance from the City’s jurisdictional boundaries to also participate in the City’s Rotational Tow Service Program.
DISCUSSION
Intent and Purpose of Rotational Tow Services Program
Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) prescribes the basic regulations for the operation of an official rotational tow service program in police emergency situations , and/or which involve the removal of illegally parked vehicles , vehicles that are being operated contrary to law, vehicles which are appar ently abandoned, vehicles involved in an accident, and vehicles which constitute an obstruction to traffic because of mechanical failure . Chapter 12.14 also establishes regulations and procedures for the abatement of abandoned, inoperative , and dismantled vehicles.
Moreover, the primary purpose of Chapter 12.14 is to provide a fair and impartial means of distributing requests for towing services among qualified tow operators, and to ensure that such service is prompt and reasonably priced, and in the best interests of the public as well as the interests of efficient policing operations for the immediate removal of certain vehicles from public streets.
Physical Location within City
Currently, the Program requires that only those tow operators who maintain a physical location in the City are eligible to participate in the Program. For instance, Section
12.14.030 (City Business License and Permits Required) provides in part that no tow operator may participate in the assignment of service calls on a rotational basis by the Police Department or the City unless it is operating from a physical location in the City.
Section 12.14.100 (Storage Facility) also provides that storage facilities utilized by a tow operator under the Program must be located within the City on property properly zoned for this use within the City. And, finally, Section 12.14.060 (Official Police Department and City Tow Operator’s Permit) provides in part that a tow operator’ s p ermit application/proposal shall include a statement that the tow operator applicant will maintain at the principal place of business located in the City, in operating order at all times, at least one telephone line.
It is presumed that the re quirement that a tow operator maintain and operate a storage facility located within the City was to make it more convenient for owners to retrieve their impounded vehicles 24 hours a day, seven days a week including holidays, within one hour upon notification by th e Police Department or the C ity that the vehicle can be released to its owner or authorized agent (as required by Section 12.14.100 (Storage 323
ID: 26-0166 Page 3
Facility) without having to travel beyond the City’s boundaries to retrieve their impounded vehicles.
At the Apr il 7, 2026, City Council meeting, staff was directed to bring back a proposed change to the Program that would allow tow operators with facilities located outside the City to be eligible for participating in the Program in addition to those tow operators that operate within the City , which is currently required under the Program. As such, staff prepared the attached ordinances , which include the following options: one mile, two miles, three miles, four miles , or five miles. The distance issue needs to be de cided by the City Council prior to approving the attached ordinances.
Urgency Ordinance and Companion Regular Ordinance
Section 36937 (b) of the California Government Code provides that an ordinance may take effect immediately if it is an ordinance for the immediate preservation of the public peace, health, or safety, and contains a declaration of the facts constituting the urgency and is passed by a four-fifths vote of the City Council.
Staff recommends that this ordinance should take effect immediately as an urgency ordinance, since its immediate application will facilitate the Request for Proposal process for selection of participating tow operators for tow services and responses related to the need to immediately remove certain vehicles parked, stored, abandoned or in an inoperable condition from settings that pose an immediate threat to public safety i f not immediately removed in police emergencies, from accident scenes, or which present a treat to traffic safety as an obstruction to vehicular traffic.
Notwithstanding that the appropriate findings may be made to support the u rgent need for the ordinance to take effect immediately, the City Attorney has recommended that the City Council concurrently consider the adoption of a companion regular ordinance in case the urgency findings are challenged in court. Basically, by the time such a lawsuit is filed, it would be moot if a comp anion regular ordinance is approved and processed pursuant to the regular procedures applicable to regular ordinances, which include a first reading, a second reading , and the e xpiration of the 30 -day referendum period before the ordinance takes official effect.
ENVIRONMENTAL
This ordinance is exempt from CEQA under Section 15061 of the CEQA Guidelines since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and the activity is not subject to CEQA.
ALTERNATIVES
1. Approve staff’s recommendations and adopt both the Urgency Ordinance and Companion Regular Ordinance. Staff recommends this alternative.
2. Do not approve the ordinances and retract its April 7, 2026, decision to withdraw the prior request for proposals and reject the two proposed rotational tow services 324
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contracts staff had recommended to approve on April 7, 2026 . Staff does not recommend this alternative.
FISCAL IMPACT
There is no fiscal impact from the recommended actions.
NOTIFICATION
Public notification of this Agenda, which was published and posted at least 72 hours prior to the April 21, 2026, City Council meeting.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Mayra Gonzalez Brian Mohan
Sr. Management Analyst City Manager
Concurred By: Concurred By:
Shanna Palau Launa Jimenez
Public Safety Contracts Administrator Assistant City Manager (Administration)
CITY COUNCIL GOALS
Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.
CITY COUNCIL STRATEGIC PRIORITIES
1. Public Safety
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Report Approval Details
Document Title: STAFFREPORT_CM_ROTATIONAL TOW SERVICE
PROGRAM_REGULAR AND URGENCY
ORDINANCE_FINAL.docx
Attachments: - URGENCY ORDINANCE - ROTATIONAL TOW SERVICE FINAL.docx
- COMPANION ORDINANCE - ROTATIONAL TOW
SERVICE_FINAL.docx
Final Approval Date: Apr 16, 2026
This report and all of its attachments were approved and signed as outlined below:
Brian Mohan
Natalia Medina
Felicia London, MPA
Launa Jimenez
Patty Rodriguez
326
1 URGENCY ORDINANCE NO. _____
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, AMENDING CHAPTER 12.14
(POLICE AND CITY OF MORENO VALL EY ROTATIONAL TOW
SERVICE) OF TITLE 12 (VEHICLES AND TRAFFIC) OF THE MORENO
VALLEY MUNICIPAL CODE
WHEREAS, the City of Moreno Valley (“City”) is a General Law city organized pursuant to Article XI of the California Constitution; and
WHEREAS, the intent of Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) is to prescribe the basic regulations for the operation of an official rotational tow service program in police emergency situations, removal of illegally parked, vehicles that are being operated contrary to law, and/or in the rem oval of vehicles which are apparently abandoned, or involved in an accident, or which constitute an obstruction to traffic because of mechanical failure; and
WHEREAS, the intent of Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) is to also establish regulations and procedures for the abatement of abandoned, inoperative and dismantled vehicles; and
WHEREAS, the primary purpose of Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) to provide a fair and impartial means of distributing requests for towing services among qualified firms, 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; and
WHEREAS, Section 12.14.030 (City Business License and Permits Required) of Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) pro vides in part that no towing business may participate in the assign ment of service calls on a rotational basis by the police department or the City unless it is operating from a physical location in the City; and
WHEREAS, Section 12.14.100 (Storage Facility) of Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) provides in part that storage facilities utilized by a tow operator must be located within the City on property properly zoned for this use within the City; and
WHEREAS, Section 12.14.060 (Official Police Department and City Tow Operator’s Permit) of Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) provides in part that a tow operator's permit application /proposal shall include a statement that the applicant will maintain at the principal place of business located in the City of Moreno Valley, and in operating order at all times, and that prior to the issuance of a tow service agreement by the City Council, the tow operator shall provide evidence that the applicant's garage or storage facility is located within City limits; and
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2 WHEREAS, it is presumed that the requirement that a tow operator maintain and operate a storage facility located within the City was to make it more convenient for vehicle owners to retrieve their impounded vehicles 24 hours a day, seven days a week including holidays, within one hour upon notification by the Police Department or the City that the vehicle can be released to its owner or authorized agent, as required by Section 12.14.100 (Storage Facility), without having to travel beyond the City’s boundaries t o retrieve their impounded vehicles; and
WHEREAS, section 36937 (b) of the California Government Code provides that an ordinance may take effect immediately, if it is an ordinance for the immediate preservation of the public peace, health or safety, and contains a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the City Council; and
WHEREAS, staff recommends that this ordinance should take effect immediately as an urgency ordinance, since its immediate application will facilitate the immediate need to initiate the Request for Proposal (RFP) process. This process is essential to t he fair and impartial selection process enabling the City Council to award rotational tow service agreements. The rotational tow service agreements allow for tow services and responses related to the need to immediately remove certain vehicles parked, stored, abandoned or in an inoperable condition from settings that pose an immediate threat to public safety i f not immediately removed in police emergency situations, from accident scenes, or which present a treat to traffic safety as an obstruction to vehicular traffic; and
WHEREAS, in light of the foregoing, this urgency ordinance was adopted by the Moreno Valley City Council at a duly noticed regular Moreno Valley City Council meeting held on April 21, 2026.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
The above recitals are true and correct and are incorporated herein as though set forth at length herein.
Section 2. AMENDMENT TO CHAPTER 12.14 (POLICE AND CITY OF
MORENO VALLEY ROTATIONAL TOW SERVICE)
Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) of Title 12 (Vehicles and Traffic) of the Moreno Valley Municipal Code is hereby amended as follows:
§ 12.14.030 City Business License and Permits Required
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3 A. No towing business may participate in the assignment of service calls on a rotational basis by the police department or the city unless it has a valid city business license to do business in the city and is operating from its principal place of business with a storage facility from a physical location located within the city or no further than [one] [two] [three] [four] [five] miles from the city’s jurisdictional boundaries in the city of Moreno Valley as set forth in this code.
B. No person shall operate a tow truck as part of the city's rotational tow service in the city unless he or she holds a valid tow truck driver's permit issued by the city.
C. Only those tow operators or businesses approved by the city and possessing a valid tow operator's permit and tow service agreement shall be permitted to remove, tow, impound and/or store a vehicle as part the city's rotational tow service program.
§ 12.14.060 Official Police Department and City Tow Operator’s Permit
A. In addition to having a valid city business license to conduct business in the city, the tow operator participating in the city's rotation tow services program shall also apply for and receive a tow operator's permit. A tow operator's permit application shall be filed with the financial and administrative services director or design ee, shall be verified under penalty of perjury, and shall be accompanied by the fee as established by resolution of the city council. The fee shall not be refundable. It shall contain or be accompanied by the information and documentation specified in this section. Applications for permits to conduct the tow business shall be filed with the city on a form approved by the financial and administrative services director or designee.
Such application shall demonstrate that the applicant possesses a business license pursuant to Chapter 5.02 of this code. In addition, such application shall provide the following information:
1. Name/Description. Name and description of applicant.
2. Address. Permanent home address and full business address of applicant if an individual; of each partner if a partner ship; and of each officer if a corporation.
3. Garage or Storage Facility. The place where the vehicles towed are to be stored or impounded which shall be within the city or no further than [one] [two] [three] [four] [five] miles from the city’s jurisdictional boundaries .
4. Fingerprints and Photographs. Applicant shall be fingerprinted and photographed by the police department upon referral of the financial and administrative services director or designee, and a record check made. The cost of the foregoing shall be established by resolution of the city council 329
4 and be borne by the applicant. The ph otographs taken by the police department will be used throughout the permit process, whenever photographs are required to be made part of the record.
5. Criminal Record. A stat ement as to whether or not the applicant, or any officer or partner of the applicant has been convicted of a felony within the immediately preceding 10 years, and the nature of each such offense and the punishment or penalty assessed, thereof.
6. Vehicle Data. The number of tow trucks to be operated or controlled by the applicant in the conduct of the tow business, and the make, body style, year, vehicle identification number, s tate license plate number, and the name of legal and registered owner of each vehicle.
7. Vehicle Description. A description of the proposed color scheme, insignia, trade-style and any other distinctive characteristic or design to be used to identify such vehicles.
8. Previous Licensing. A statement of whether or not the applicant has ever had any permit or franchise for a tow business issued to him/her that has been suspended or revoked, and, if so, the circumstances of each such suspension or revocation, whether in the city or elsewhere.
9. Insurance. A certification or policy of insurance in the manner and form required by Section 12.14.090.
10. Corporation Data. If the applicant is a corporation, a copy of the current Articles of Incorporation, certified as to being true and correct by the California Secretary of State, within 60 days prior to the date of application, the most curre nt corporate bylaws and any applications, permits or notifications for the issuance of shares filed with or issued by the commissioner of corporations.
11. Business Office and Telephone Maintenance. A statement that the applicant will maintain at the its principal place of business and storage facility located in the city of Moreno Valley, and or within [one] [two] [three] [four] [five] miles from the city’s jurisdictional boundaries in operating order at all times, at least one telephone line. At all times there will be an attendant in charge of said telephone or telephones to dispatch tow trucks in response to requests, therefore. After-hour answering services fulfill this requirement.
B. Prior to the issuance of a tow service agreement by the city council, the tow operator shall provide evidence that:
1. The application conforms in all respects to the provisions of this chapter.
2. The applicant's principal place of business and garage or storage facility is are located within the city limits or within [one] [two] [three] [four] [five] miles from the city’s jurisdictional boundaries.
3. The applicant is financially responsible and otherwise able to provide the service.
4. The applicant, and all officers or partners are likely to provide tow services in a responsible and satisfactory manner. In making such determination, 330
5 the financial and administrative services director or designee shall consider whether the applicant or any officer or partner of the applicant; a. Has previously provided responsible and satisfactory tow services, b. Has not previously violated the terms of this chapter or of any similar enactment of the city or of any other jurisdiction resulting in the revocation of a permit and/or removal from a tow rotation program.
C. A tow operator shall not have a financial interest in any other tow business participating in the city's rotational tow service program. Any violation of this section shall cause the immediate revocation of a tow operator's permit for the balance of the contract period.
D. A tow operator's permit is valid for one year. The failure of a tow operator or business to apply for and receive approval of a subsequent permit by the city shall suspend the tow operator from participating in the city's rotational tow service program. At such time the tow operator or business is issued a valid permit, the tow operator or business shall be permitted to participate in the city's rotational tow service program.
§ 12.14.100 Storage Facility
A. Storage Facility Standards. The tow operator shall provide for the city's tow rotation program, storage space for a minimum of 150 vehicles including a minimum of five vehicles of indoor storage. Said storage spaces shall be dedicated to the city's rotational tow service program. The following standards of performance must be maintained:
1. Storage facilities must be located within the city and or within [one] [two] [three] [four] [five] miles from the city’s jurisdictional boundaries and clearly marked. Any and all signage for the facilities must be in conformance with the city's municipal code.
2. All vehicles are to be stored at a storage facility properly zoned for this use within the city or within [one] [two] [three] [four] [five] miles from the city’s jurisdictional boundaries . Vehicles that have been approved by the Department of Motor Vehicles for lien sale must be sold from a storage facility or other approved location by the city to conduct such a business within the city limits or within [one] [two] [three] [four] [five] miles from the city’s jurisdictional boundaries.
3. Each impounded or stored vehicle shall be a minimum of two and one-half feet from any other vehicle, structure or object.
4. All stored vehicles shall be reasonably accessible to the vehicle's owner or vehicle owner's agent and the police department or city for retrieval, inspection and/or identification.
5. Owners shall be able to retrieve a stored vehicle 24 hours a day, seven days a week including holidays, within one hour upon notification by the police department or city that the vehicle can be released to its owner or authorized agent.
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6 6. Storage facilities, including the indoor storage of vehicles, shall be monitored by an electronic monitoring or security system and fully secured. Said system shall be subject to review and approval by the police department before the tow business is permitted to tow and store or impound vehicles as part of the city's rotational tow service program to said lot.
7. Storage facilities shall be properly lighted and secured by a six foot high fence as set forth in Title 9 of this code. The fence shall be installed in compliance with any applicable provision of this code and approved by the police department and city before the tow business is permitted to tow vehicles as part of the city's rotational tow service program.
8. Storage facilities owned by a tow operator shall not be shared with another tow operator. However, a tow operator or business may be permitted on the same lot as long as there is a clear separation between tow operators. Each tow operator shall fully comply with the provisions of this code.
B. Personal property may be removed from the vehi cle and shall be released to the owner of a vehicle at the request of the vehicle owner or his/her agent. When a vehicle has been impounded for evidence or investigation, the operator shall notify the police department or city depending on the agency directing the storage of the vehicle, prior to the removal of property from a stored vehicle and will provide a receipt, with a copy placed in the stored vehicle.
C. Vehicles ordered towed by the police department or city will only be released by the tow operator under the regulations of the Vehicle Code and the city of Moreno Valley. The city will provide tow operators with appropriate regulations including updates to these regulations as they occur.
D. Prior to the utilization of new storage facilities that were not listed on the tow operator's permit application for the rotation tow service program, the tow operator shall obtain the approval of the city to ensure that the new garage or storage facility meets all applicable regulations.
E. The operator shall maintain, at a minimum, business hours at the primary place of business of the tow operator of Monday through Friday, eight a.m. to five p.m. except for the following recognized holidays: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and the day after Thanksgiving Day, and Christmas Day.
F. Annual Storage Facility Inspections. A tow operator shall have its storage facility inspected annually. The failure of a tow operator or business to have its storage facility inspected annually by the city shall have its tow permit suspend and shall not pa rticipate in the city's rotational tow service program. At such time the storage facility is inspected by the city and found to be in compliance with this chapter, the tow operator or business shall be permitted to participate in the city's rotational tow service program.
Section 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT
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7 This ordinance is exempt from CEQA under Section 15061 of the CEQA Guidelines since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Section 6. SEVERABILITY
That t he City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 7. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Moreno Valley that are in conflict with the provisions of this ordinance are hereby repealed.
Section 8. URGENCY FINDINGS AND EFFECTIVE DATE
That the City Council finds and declares that this ordinance shall take effect immediately as an urgency ordinance , since its immediate application will facilitate the initiation of the RFP process for tow services and responses related to the need to immediately remove certain vehicles parked, stored, abandoned or in an inoperable condition from settings that pose an immediate threat to public safety i f not immediately removed in police emergency situations, from accident scenes, or which present a treat to traffic safety as an obstruction to vehicular traffic.
Section 9. CERTIFICATION
That the City Clerk shall certify the adoption of this urgency ordinance, enter the same in the book for original ordinances of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this urgency ordinance is adopted.
________________________________
Ulises Cabrera, Mayor
City of Moreno Valley
ATTEST:
___________________________________
M. Patricia Rodriguez, CMC, City Clerk
333
8 APPROVED AS TO FORM:
___________________________________
Steven B. Quintanilla, City Attorney
334
1 ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, AMENDING CHAPTER 12.14 (POLICE AND
CITY OF MORENO VALLEY ROTATIONAL TOW SERVICE) OF TITLE 12 (VEHICLES AND TRAFFIC ) OF THE MORENO VALLEY MUNICIPAL
CODE
WHEREAS, the City of Moreno Valley (“City”) is a General Law city organized pursuant to Article XI of the California Constitution; and
WHEREAS, the intent of Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) is to prescribe the basic regulations for the operation of an official rotational tow service program in police emergency situations, removal of illegally parked, vehicles that are being operated contrary to law, and/or in the removal of vehicles which are apparently abandoned, or involved in an accident, or which constitute an obstruction to traffic because of mechanical failure; and
WHEREAS, the intent of Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) is to also establish regulations and procedures for t he abatement of abandoned, inoperative and dismantled vehicles; and
WHEREAS, the primary purpose of Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) to provide a fair and impartial means of distributing requests for towing services among qualified firms, 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; and
WHEREAS, Sec tion 12.14.030 (City Business License and Permits Required) of Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) pro vides in part that no towing business may participate in the assignment of service calls on a rotational basis by the police department or the City unless it is operating from a physical location in the City; and
WHEREAS, Section 12.14.100 (Storage Facility) of Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) provides in part that s torage facilities must be located within the City on property properly zoned for this use within the city; and
WHEREAS, Section 12.14.060 (Official Police Department and City Tow Operator’s Permit) of Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) provides in part that a tow operator's permit application /proposal shall include statement that the applicant will maintain at the principal place of business located in the City of Moreno Valley, and in operating order at all times, and that prior to the issuance of a tow service agreement by the City council, the tow operator shall provide evidence that the applicant's garage or storage facility is located within City limits; and
335
2 WHEREAS, it is presumed that the requirement that a tow operator maintain and operated a storage facility located within the City was to make it more convenient for vehicle owners to retrieve their impounded vehicles 24 hours a day, seven days a week including holidays, within one hour upon notificat ion by the Police Department or the City that the vehicle can be released to its owner or authorized agent, as required by Section 12.14.100 (Storage Facility), without having to travel beyond the City’s boundaries t o retrieve their impounded vehicles; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
The above recitals are true and correct and are incorporated herein as though set forth at length herein.
Section 2. AMENDMENT TO CHAPTER 12.14 (POLICE AND CITY OF
MORENO VALLEY ROTATIONAL TOW SERVICE)
Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) of Title 12 (Vehicles and Traffic) of the Moreno Valley Municipal Code is hereby amended as follows:
§ 12.14.030 City Business License and Permits Required
A. No towing business may participate in the assignment of service calls on a rotational basis by the police department or the city unless it has a valid city business license to do business in the city and is operating from its principal place of business with a storage facility from a physical location located within the city or no further than [one] [two] [three] [four] [five] miles from the city’s jurisdictional boundaries in the city of Moreno Valley as set forth in this code.
B. No person shall operate a tow truck as part of the city's rotational tow service in the city unless he or she holds a valid tow truck driver's permit issued by the city.
C. Only those tow operators or businesses approved by the city and possessing a valid tow operator's permit and tow service agreement shall be permitted to remove, tow, impound and/or store a vehicle as part the city's rotational tow service program.
§ 12.14.060 Official Police Department and City Tow Operator’s Permit
336
3 A. In addition to having a valid city business license to conduct business in the city, the tow operator participating in the city's rotation tow services program shall also apply for and receive a tow operator's permit. A tow operator's permit application shall be filed with the financial and administrative services director or designee, shall be verified under penalty of perjury, and shall be accompanied by the fee as established by resolution of the city council. The fee shall not be refundable. It shall contain or be accompanied by the information and documentation sp ecified in this section. Applications for permits to conduct the tow business shall be filed with the city on a form approved by the financial and administrative services director or designee.
Such application shall demonstrate that the applicant possesses a business license pursuant to Chapter 5.02 of this code. In addition, such application shall provide the following information:
1. Name/Description. Name and description of applicant.
2. Address. Permanent home address and full business address of applicant if an individual; of each partner if a partnership; and of each officer if a corporation.
3. Garage or Storage Facility. The place where the veh icles towed are to be stored or impounded which shall be within the city or no further than [one] [two] [three] [four] [five] miles from the city’s jurisdictional boundaries.
4. Fingerprints and Photographs. Applicant shall be fingerprinted and photographed by the police department upon referral of the financial and administrative services director or designee, and a record check made. The cost of the foregoing shall be establis hed by resolution of the city council and be borne by the applicant. The photographs taken by the police department will be used throughout the permit process, whenever photographs are required to be made part of the record.
5. Criminal Record. A statement as to whether or not the applicant, or any officer or partner of the applicant has been convicted of a felony within the immediately preceding 10 years, and the nature of each such offense and the punishment or penalty assessed, thereof.
6. Vehicle Data. The number of tow trucks to be operated or controlled by the applicant in the conduct of the tow business, and the make, body style, year, vehicle identification number, state license plate number, and the name of legal and registered owner of each vehicle.
7. Vehicle Description. A description of the proposed color scheme, insignia, trade-style and any other distinctive characteristic or design to be used to identify such vehicles.
8. Previous Licensing. A statement of whether or not the applicant has ever had any permit or franchise for a to w business issued to him/her that has been suspended or revoked, and, if so, the circumstances of each such suspension or revocation, whether in the city or elsewhere.
9. Insurance. A certification or policy of insurance in the manner and form required by Section 12.14.090.
337
4 10. Corporation Data. If the applicant is a corporation, a copy of the current Articles of Incorporation, certified as to being true and correct by the California Secretary of State, within 60 days prior to the date of application, the most current corporate bylaws and an y applications, permits or notifications for the issuance of shares filed with or issued by the commissioner of corporations.
11. Business Office and Telephone Maintenance. A statement that the applicant will maintain at the its principal place of business and storage facility located in the city of Moreno Valley, and or within [one] [two] [three] [four] [five] miles from the city’s jurisdictional boundaries in operating order at all times, at least one telephone line. At all times there will be an attendant in charge of said telephone or telephones to dispatch tow trucks in response to requests therefore. After-hour answering services fulfill this requirement.
B. Prior to the issuance of a tow service agreement by the city council, the tow operator shall provide evidence that:
1. The application conforms in all respects to the provisions of this chapter.
2. The applicant's principal place of business and garage or storage facility is are located within the city limits or within [one] [two] [three] [four] [five] miles from the city’s jurisdictional boundaries.
3. The applicant is financially responsible and otherwise able to provide the service.
4. The applicant, and all officers or partners are likely to provide tow services in a responsible and satisfactory manner. In making such determination, the financial and administrative services director or designee shall consider whether the applicant or any officer or partner of the applicant; a. Has previously provided responsible and satisfactory tow services, b. Has not previously violated the terms of this chapter or of any similar enactment of the city or of any other jurisdiction resulting in the revocation of a permit and/or removal from a tow rotation program.
C. A tow operator shall not have a financial interest in any other tow business participating in the city's rotational tow service program. Any violation of this section shall cause the immediate revocation of a tow operator's permit for the balance of the contract period.
D. A tow operator's permit is valid for one year. The failure of a tow operator or business to apply for and receive approval of a subsequent permit by the city shall suspend the tow operator from participating in the city's rotational tow service program. At such time the tow operator or business is issued a valid permit, the tow opera tor or business shall be permitted to participate in the city's rotational tow service program.
§ 12.14.100 Storage Facility
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5 A. Storage Facility Standards. The tow operator shall provide for the city's tow rotation program, storage space for a minimum of 150 vehicles including a minimum of five vehicles of indoor storage. Said storage spaces shall be dedicated to the city's rotational tow service program. The following standards of performance must be maintained:
1. Storage facilities must be located within the city and or within [one] [two] [three] [four] [five] miles from the city’s jurisdictional boundaries and clearly marked. Any and all signage for the facilities must be in conformance with the city's municipal code.
2. All vehicles are to be stored at a storage facility properly zoned for this use within the city or within [one] [two] [three] [four] [five] miles from the city’s jurisdictional boundaries . Vehicles that have been approved by the Department of Motor Vehicles for lien sale must be sold from a storage facility or other approved location by the ci ty to conduct such a business within the city limits or within [one] [two] [three] [four] [five] miles from the city’s jurisdictional boundaries.
3. Each impounded or stored vehicle shall be a minimum of two and one-half feet from any other vehicle, structure or object.
4. All stored vehicles shall be reasonably accessible to the vehicle's owner or vehicle owner's agent and the police department or city for retrieval, inspection and/or identification.
5. Owners shall be able to retrieve a stored vehicle 24 hours a day, seven days a week including holidays, within one hour upon notification by the police department or city that the vehicle can be released to its owner or authorized agent.
6. Storage facilities, including the indoor storage of vehicles, shall be monitored by an electronic monitoring or security system and fully secured. Said system shall be subject to review and approval by the police department before the tow business is permitted to tow and store or impound vehicles as part of the city's rotational tow service program to said lot.
7. Storage facilities shall be properly lighted and secured by a six foot high fence as set forth in Title 9 of this code. The fence shall be installed in compliance with any applicable provision of this code and approved by the police department and city before the tow business is permitted to tow vehicles as part of the city's rotational tow service program.
8. Storage facilities owned by a tow operator shal l not be shared with another tow operator. However, a tow operator or business may be permitted on the same lot as long as there is a clear separation between tow operators. Each tow operator shall fully comply with the provisions of this code.
B. Personal property may be removed from the vehicle and shall be released to the owner of a vehicle at the request of the vehicle owner or his/her agent. When a vehicle has been i mpounded for evidence or investigation, the operator shall notify the police department or city depending on the agency directing the storage of the vehicle, prior to the removal of property from a stored vehicle and will provide a receipt, with a copy placed in the stored vehicle. 339
6 C. Vehicles ordered towed by the police department or city will only be released by the tow operator under the regulations of the Vehicle Code and the city of Moreno Valley. The city will provide tow operators with appropriate regulations including updates to these regulations as they occur.
D. Prior to the utilization of new s torage facilities that were not listed on the tow operator's permit application for the rotation tow service program, the tow operator shall obtain the approval of the city to ensure that the new garage or storage facility meets all applicable regulations.
E. The operator shall maintain, at a minimum, business hours at the primary place of business of the tow operator of Monday through Friday, eight a.m. to five p.m. except for th e following recognized holidays: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and the day after Thanksgiving Day, and Christmas Day.
F. Annual Storage Facility Inspections. A tow operator shall have its storage facility inspected annually. The failure of a tow operator or business to have its storage facility inspected annually by the city shall have its tow permit suspend and shall not participate in the city's rotational tow service program. At such time the storage facility is inspected by the city and found to be in compliance with this chapter, the tow operator or business shall be permitted to participate in the city's rotational tow service program.
Section 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT
This ordinance is exempt from CEQA under Section 15061 of the CEQA Guidelines since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Section 6. SEVERABILITY
That t he City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 7. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Moreno Valley that are in conflict with the provisions of this ordinance are hereby repealed.
Section 8. EFFECTIVE DATE
That this Ordinance shall take effect thirty days after the date of its adoption (second reading).
Section 9. CERTIFICATION
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7 That the City Clerk shall certify to the adoption of this ordinance, enter the same in the book for original ordinances of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this ordinance is adopted.
________________________________
Ulises Cabrera, Mayor
City of Moreno Valley
ATTEST:
___________________________________
M. Patricia Rodriguez, CMC, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven B. Quintanilla, City Attorney
341