Agenda packet — Orange City Council, June 23, 2026 (part 1 of 5)

Jarad L. Hildenbrand
City Manager
Nathalie Adourian
City Attorney
Pamela Coleman
City Clerk

DAN SLATER
Mayor

DENIS BILODEAU
Mayor pro tem, District 4

ARIANNA BARRIOS
Councilmember, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

ANA GUTIERREZ
Councilmember, District 5

JOHN GYLLENHAMMER
Councilmember, District 6
AGENDA
Orange City Council
June 23, 2026
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second and fourth Tuesday of each month at 6:00 p.m.

Agenda Information
The agenda contains a brief general description of each item to be considered. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or on the agenda. The agenda and supporting documentation is available after 4:00 p.m. on the Thursday prior to the Council meeting on the City's website at www .cityoforange.org, at the City Clerk's Office located at 300 E. Chapman Avenue, and at the Main Public Library located at 407 E. Chapman Avenue .

Written materials relating to an item on the agenda that are provided to the City Council after agenda packet distribution and within 72 hours before Council is to consider the item will be made available for public inspection in the City Clerk ’s Office during normal business hours; at the City Council meeting; and made available on the City's website.

Public Participation
Regular meetings are televised live on Spectrum Cable Channel 3 and AT&T U -verse Channel 99, and streamed live and on-demand on the City's website at www.cityoforange.org.

Pursuant to Government Code Section 54954.3, members of the public may address the City Council on any agenda item before or during Council ’s consideration of the item, and on any other matters within the City Council’s jurisdiction by using any of the following methods:
1) In-Person
To speak on an item on the agenda, complete a speaker card indicating your name, address, and identify the agenda item number or subject matter you wish to address. The card should be given to the City Clerk prior to the start of the meeting. General comments are received during the “Public Comments” section at the beginning of the Regular Session. No action may be taken on off -agenda items unless authorized by law .

Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior.
(Continued on page 2)

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1 Orange City Council Agenda June 23, 2026
2) Written Public Comments via eComment
Members of the public can submit their written comments electronically for City Council consideration by using the eComment feature on the Agenda page of the City's website at www .cityoforange.org. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit written comments by 3:00 p.m. the day of the meeting. All written comments will be provided to the Council for consideration and posted on the City’s website after the meeting. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 3:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council.

In accordance with Ordinance No. 10-01, any person making personal, impertinent, slanderous or profane remarks or who becomes boisterous while addressing the Council shall be called to order by the Mayor. If such conduct continues, the Mayor may order the person barred from addressing the City Council further during that meeting, unless permission to continue is granted by a majority vote of the Council.

Please contact the City Clerk’s Office at (714) 744-5500 with any questions.

ADA Requirements: In compliance with the Americans with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (714) 744-5500. Notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting.

REMINDER: Please silence all electronic devices while City Council is in session.

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2 Orange City Council Agenda June 23, 2026
5:00 PM CLOSED SESSION

1. CALL TO ORDER

1.1 ROLL CALL

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, members of the public may address the Council on Closed Session items only. Public Comments are limited to three (3) minutes per speaker.

3. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - One case Name of Case: Chapman BCB, LLC.

United States Bankruptcy Court Case No. 8:25-bk-11286

4. CLOSED SESSION REPORT

5. ADJOURNMENT
The City Council will adjourn to the 6:00 p.m. Regular Session in the Council Chamber.

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3 Orange City Council Agenda June 23, 2026
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Father Joseph Tran, Holy Family Catholic Church

1.2 PLEDGE OF ALLEGIANCE
Councilmember Arianna Barrios

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing July 2026 as “Parks Make Life Better® Month” Staff Report
Draft Proclamation
Attachments:

Proclamation celebrating the 100th birthday of Orange resident Phyllis Taylor Staff Report
Draft Proclamation
Attachments:

Proclamation honoring the 2026 Housing Solutions and American Success Summit held at Chapman University in observance of National Homeownership Month
Staff Report
Draft Proclamation
Attachments:

1.5 REPORT ON CLOSED SESSION ACTIONS

2. PUBLIC COMMENTS
At this time, members of the public may address the Council on matters not listed on the agenda within the subject matter jurisdiction of the City Council, provided that NO action may be taken on off -agenda items unless authorized by law. Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced.

3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff, or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered

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4 Orange City Council Agenda June 23, 2026
immediately following action on the remaining items on the Consent Calendar.

3.1. Waive reading in full of all ordinances on the Agenda Approve.

Recommended Action:

Staff ReportAttachments:

3.2. Approval of minutes of the City of Orange City Council Regular Meeting held on May 26, 2026; and Special Meeting held on June 3, 2026
Approve minutes as presented.

Recommended Action:

Staff Report
May 26, 2026, Regular Meeting minutes
June 3, 2026, Special Meeting minutes
Attachments:

3.3. Agreements with Archie ’s Towing and Southside Towing for Towing and Storage Services

1. Approve the agreements with Archie ’s Towing and Southside Towing for Towing and Storage Services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Approve the Fee Schedule for Contracted Tow Companies, effective July 1, 2026.

Recommended Action:

Staff Report
Attachment 1 Agreement with Archie's Towing
Attachment 2 Agreement with Southside Towing
Attachment 3 Fee Schedule for Contracted Tow Companies
Attachment 4 Tow Company Evaluations
Attachments:

3.4. Agreement with Major League Softball, Inc ., for Ball Field Maintenance and Adult Softball Program Services

1. Approve the agreement with Major League Softball, Inc. to administer the City ’s adult softball program for a five -year term commencing July 1, 2026, and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the City Manager to execute optional renewals as outlined in the agreement.

Recommended Action:

Staff Report
Agreement with Major League Softball, Inc.

Attachments:

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5 Orange City Council Agenda June 23, 2026

3.5. Appropriation of $ 118,334.68 in designated Public Safety Realignment /Assembly Bill 109 funding received from the County of Orange

1. Accept into the City ’s General Fund (100) revenue budget a $118,334.68 deposit from the County of Orange to:
100-4131-43299-254024 Other - Post Release Community Supervision

2. Authorize the appropriation of $118,334.68 into General Fund (100):
100-4131-51003-254024 Overtime - Post Release Com. Supervision $105,455.60 100-4131-53199-254024 Miscellaneous Operating Supplies $12,879.08 Recommended Action:

Staff ReportAttachments:

3.6. Award of Contract to CJ Concrete Construction, Inc. for Annual Concrete Replacement at Various Locations FY 2025-2026 and appropriation of funds

1. Approve the contract with CJ Concrete Construction, Inc. in the amount of $597,816 representing an original amount of $519,840 plus a 15% contingency of $77,976 for Annual Concrete Replacement at Various Locations FY 2025-2026; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $190,000 from the Measure M - Traffic Improvement (263) unreserved fund balance to:
263-5101-87102-255702 Pavement Management Program

3. Authorize the appropriation of $50,600 from the Capital Projects Fund (500) unreserved fund balance to:
500-5704-87101-265072 Minor Traffic Control Devices
Recommended Action:

Staff Report
Contract with CJ Concrete Construction, Inc.

Bid Abstract
Location Maps
Attachments:

3.7. Notice of Completion and Acceptance for Main Street and Providence Avenue Sewer Improvements and Tustin Street Storm Drain Rehabilitation

1. Accept Main Street and Providence Avenue Sewer Improvements and Tustin Street Storm Drain Rehabilitation as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

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6 Orange City Council Agenda June 23, 2026

3.8. Second Reading and adoption of Ordinance No. 10-26 prohibiting potable water from being used to irrigate areas of non-functional turf Adopt Ordinance No. 10-26.

Recommended Action:

Staff Report
Ordinance No. 10-26
Attachments:

3.9. Authorize the purchase of materials and supplies for water maintenance operations from various vendors
Authorize the Fiscal Year 2026-2027 purchase orders for miscellaneous materials and supplies for a total of $1,940,000.

Recommended Action:

Staff ReportAttachments:

3.10. Temporary suspension of neighborhood permit parking restrictions in Permit Parking Areas “D” and “G”
Approve the temporary suspension of permit parking restrictions in Permit Parking Areas “D” and “G”, on Saturday, August 1, 2026.

Recommended Action:

Staff Report
OUSD Request Letter
Map of Permit Parking Area D & G
January 13, 2026, City Council Meeting Staff Report (Special Event Street Closures and Parking Exceptions)
Attachments:

3.11. Status and update of the Local Signal Synchronization Plan and the Pavement Management Program for the Measure M 2 program, and approval of the City ’s Measure M 2 Seven Year CIP for Fiscal Years 2026-2027 through 2032-2033 and the addition of four Council approved projects to the Measure M 2 Seven Year CIP for Fiscal Years 2025-2026 through 2031-2032

1. Adopt Resolution No. 11693. A Resolution of the City Council of the City of Orange concerning the status and update of the Pavement Management Program for the Measure M (M2) Program.

2. Adopt Resolution No. 11704. A Resolution of the City Council of the City of Orange concerning the update of the Local Signal Synchronization Plan for the Measure M (M2) Program.

3. Approve the Measure M 2 Seven -Year Capital Improvement Program for Fiscal Year 2026-2027 through 2032-2033 to comply with Measure M2 eligibility criteria.

4. Approve the addition of the following Council approved CIP projects to the Measure M2 Seven -Year Capital Improvement Program for Fiscal Year 2025-2026 through Recommended Action:

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7 Orange City Council Agenda June 23, 2026
2031-2032:

Project Number 265125 - Flashing Beacon Installation at Four School Crossings Project Number 265126 - HSIP Bike Lane Enhancements
Project Number 265127 - Signal Head Indication Upgrades Project Number 265128 - Edgeline Striping Installation at Various Locations

5. Authorize staff to submit M 2 eligibility documentation to the Orange County Transportation Authority.

Staff Report
Attachment 1 - Resolution No. 11704
Attachment 2 - Resolution No. 11693
Attachment 3 - Local Signal Synchronization Plan Update Attachment 4 - Pavement Management Plan Report
Attachment 5 - M2 Seven-Year CIP for FY 2026-2027 through 2032-2033
Attachment 6 - Supplemental Project Listing for M2 Seven-Year CIP for FY 2025-2026 through 2031-2032
Attachments:

3.12. Adoption of Resolution No. 11705 amending the submission to the qualified electors of the City a certain measure relating to expanding and increasing the City’s transient occupancy tax
Adopt Resolution No. 11705. A Resolution of the City Council of the City of Orange amending the submission to the qualified electors of the City a certain measure relating to expanding and increasing the rate of the City ’s transient occupancy tax at the November 3, 2026, General Municipal Election as called by Resolution No. 11669 and Resolution No. 11690.

Recommended Action:

Staff Report
Resolution No. 11705
Attachments:

END OF CONSENT CALENDAR
* * * * * * * *

4. REPORTS FROM MAYOR SLATER
An opportunity for the Mayor to make a brief announcement, report, or request .

Pursuant to Government Code Section 54954.2(a)(3), no action (s) or discussion (s) shall be undertaken on any item not appearing on the posted agenda.

5. REPORTS FROM COUNCILMEMBERS
An opportunity for Councilmembers to make a brief announcement, report, or request .

Pursuant to Government Code Section 54954.2(a)(3), no action (s) or discussion (s) shall be undertaken on any item not appearing on the posted agenda.

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8 Orange City Council Agenda June 23, 2026

6. AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code Section 53232.3(d) on meetings and conferences attended at the City's expense.

7. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

7.1. Reappointment of Planning Commissioner David Vazquez Confirm Mayor Slater ’s recommendation to reappoint David Vazquez to the Planning Commission for a four -year term commencing July 1, 2026, and expiring June 30, 2030.

Recommended Action:

Staff ReportAttachments:

8. REPORTS FROM CITY MANAGER

9. PUBLIC HEARINGS

9.1. Continued Public Hearing to consider Introduction and First Reading of Ordinance No. 04-26 adding Chapter 8.38 of Title 8 (“Health and Safety ”) to the Orange Municipal Code relating to maintenance and security standards for unoccupied or abandoned properties and adoption of fees and fines for regulations, monitoring and progressive administrative citations (Continued from June 9, 2026)

1. Conduct and close the Public Hearing.

2. Introduce and conduct First Reading of Ordinance No. 04-26. An Ordinance of the City Council of the City of Orange adding Chapter 8.38 to the Orange Municipal Code relating to the maintenance and security standards for unoccupied or abandoned properties.

3. Adopt Resolution No. 11687. A Resolution of the City Council of the City of Orange amending the City ’s Master Fee Schedule setting the amount of fees and fines for regulations, monitoring and progressive administrative citations relating to unoccupied or abandoned properties as contained in newly added Chapter 8.38 of the Orange Municipal Code.

Recommended Action:

Staff Report
Ordinance No. 04-26
Resolution No. 11687
Attachments:

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9 Orange City Council Agenda June 23, 2026

9.2. Second Public Hearing to discuss and consider a draft City Charter

1. Conduct and close the Public Hearing.

2. Review and discuss the draft city charter.

3. Provide direction to City staff.

Recommended Action:

Staff Report
Draft City Charter
Attachments:

10. ADMINISTRATIVE REPORTS

10.1. Progress update regarding the 2025 Design Review Committee (DRC) Ordinance No. 18-25
Receive and file.

Recommended Action:

Staff ReportAttachments:

10.2. Policies and Procedures for the Business Assistance Fa çade Program funded through the Community Development Block Grant Program

1. Approve the Policies and Procedures for the Business Assistance Façade Program.

2. Submit the Policies and Procedures for the Business Assistance Fa çade Program to the Department of Housing and Urban Development for approval.

Recommended Action:

Staff Report
Draft Policies and Procedures for the Business Assistance Facade Program
Attachments:

10.3. Adoption of the revised Fiscal Years 2025-2030 Citywide Strategic Plan Adopt the revised Fiscal Years 2025-2030 Citywide Strategic Plan.

Recommended Action:

Staff Report
Revised Fiscal Years 2025-2030 Citywide Strategic Plan
Attachments:

10.4. Review draft Resolution No. 11689 reaffirming the City ’s commitment to responsible stewardship of the public’s money

1. Review and discuss Resolution No. 11689.

2. Provide direction to staff.

Recommended Action:

Staff Report
Resolution No. 11689
Attachments:

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10 Orange City Council Agenda June 23, 2026

11. LEGAL AFFAIRS

11.1. Introduction and First Reading of Ordinance No. 11-26 amending Chapter 10.40 of the Orange Municipal Code pertaining to parking meter zones Introduce and conduct First Reading of Ordinance No. 11-26. An Ordinance of the City Council of the City of Orange amending Chapter 10.40 of the Orange Municipal Code pertaining to parking meter zones.

Recommended Action:

Staff Report
Ordinance No. 11-26
Ordinance No. 11-26 Redline
Attachments:

12. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, July 14, 2026, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

A Special meeting will be held on Monday, June 29, 2026, at 4:00 p.m., in the Council Chamber.

I, Pamela Coleman, CMC, City Clerk for the City of Orange, do hereby declare, under penalty of perjury, that a full and correct copy of this agenda was posted pursuant to Government Code Section 54950 et. seq., at the following locations: Orange Civic Center kiosk and Orange City Clerk's Office at 300 E. Chapman Avenue, Orange Main Public Library at 407 E. Chapman Avenue, Police facility at 1107 N. Batavia Street, and uploaded to the City's website www.cityoforange.org.

Date posted: June 18, 2026

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11 Agenda Item
Orange City Council
Item #: 6/23/2026 File #: 26-0345

1. SUBJECT
Proclamation recognizing July 2026 as “Parks Make Life Better® Month”

2. SUMMARY
Recognize July 2026 as “Parks Make Life Better Month” and encourage all residents to enjoy and support our parks, trails, and recreation programs that contribute to a healthier, happier, and more connected community.

3. ATTACHMENTS
· Draft Proclamation
City of Orange Printed on 6/18/2026Page 1 of 1
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12 Agenda Item
Orange City Council
Item #: 6/23/2026 File #: 26-0345

1. SUBJECT
Proclamation recognizing July 2026 as “Parks Make Life Better® Month”

3. ATTACHMENTS
· Draft Proclamation
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13 Proclamation
Recognizing
July 2026 as “Parks Make Life Better® Month”
WHEREAS, Parks and Recreation promotes physical, emotional, and mental health and wellness through organized and self-directed fitness, play, and activity that foster social connections, and provide safe and welcoming spaces for families, youth, seniors, and visitors; and WHEREAS, Parks and Recreation creates memorable experiences through youth and adult sports and enrichment activities, teen centers and programs, senior activity centers, adult fitness, and enrichment programs, and beyond; and
WHEREAS, Parks, recreation programs, trails, open spaces, and community services play a vital role in enhancing the quality of life for residents of all ages in the City of Orange; and WHEREAS, the City of Orange is committed to preserving its parks, recreational facilities, and community programs that enrich the lives of residents and contribute to the character and vitality of our community; and
WHEREAS, Parks and Recreation services support environmental stewardship, conservation, economic vitality, and community resilience by providing access to nature, encouraging active transportation, and creating opportunities for civic engagement; and
WHEREAS, the annual “Parks Make Life Better!®” campaign, sponsored by the California Park & Recreation Society, highlights the essential role that parks and recreation professionals play in building healthy, vibrant, and connected communities throughout California; and WHEREAS, the City of Orange recognizes and appreciates the dedication and service of parks and recreation staff, community partners, and advocates who work year-round to provide exceptional programs, facilities, and public spaces for all residents.

NOW, THEREFORE, I, Dan Slater, Mayor of the City of Orange, on behalf of the entire Orange City Council, do hereby proclaim, July 2026 as “Parks Make Life Better!® Month” in the City of Orange and encourage all residents to enjoy and support our parks, trails, and recreation programs that contribute to a healthier, happier, and more connected community.

DATED this 23rd Day of June 2026.
______________________________________
Daniel R. Slater, Mayor
14 Agenda Item
Orange City Council
Item #: 6/23/2026 File #: 26-0386

1. SUBJECT
Proclamation celebrating the 100th birthday of Phyllis Taylor

2. SUMMARY
Recognize and celebrate the 100th birthday of Orange resident Phyllis Taylor.

3. ATTACHMENTS
· Draft Proclamation
City of Orange Printed on 6/18/2026Page 1 of 1
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15 Agenda Item
Orange City Council
Item #: 6/23/2026 File #: 26-0386

1. SUBJECT
Proclamation celebrating the 100th birthday of Phyllis Taylor

2. SUMMARY
Recognize and celebrate the 100th birthday of Orange resident Phyllis Taylor.

3. ATTACHMENTS
· Draft Proclamation
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16 Proclamation
Honoring
Phyllis Taylor
On Her 100th Birthday
WHEREAS, Phyllis Taylor was born on July 4, 1926 to Ray and Ruby Lain, and was raised alongside her brothers, Gerald and Theron, on a farm outside of McCordsville, Indiana; and WHEREAS, Phyllis attended McCordsville Elementary and Indianapolis Metropolitan High School before completing a course at Indiana University Business School and launching her professional career as an office clerk; and
WHEREAS, at the age of 21, Phyllis bravely sought a government position in Southern Japan, where she managed administrative office work while coordinating training classes for local residents taught by American farmers, doctors, and nurses; and
WHEREAS, while working in Japan, Phyllis met and married the love of her life, John Worthy Taylor, a Second Lieutenant in the U.S. Army, and traveled with him as they transferred to various military bases across Europe and the United States; and
WHEREAS, upon John’s retirement from the military, the couple moved to the City of Orange and shared many wonderful years in the community before his passing at the age of 92; and WHEREAS, once settled down in Orange, Phyllis raised her son, Steven, while balancing a career with the Social Security Administration, owning and operating a small business, and pursuing a degree at California State University, Fullerton; and
WHEREAS, to this day, Phyllis remains an active and independent resident of Orange where she lives near her son; driving, shopping, gardening, and inspiring neighbors with her vibrant spirit and dedication to community life.

NOW, THEREFORE, I, Daniel R. Slater, Mayor of the City of Orange , and the entire City Council, do hereby extend our deepest gratitude to Phyllis Taylor for her lasting contributions to her family, friends, and neighbors, and congratulate her on a beautiful century of life filled with purpose, love, and community. Happy 100 th birthday from the City of Orange.

DATED this 23rd day of June 2026.

1. SUBJECT
Proclamation honoring the 2026 Housing Solutions and American Success Summit held at Chapman University in observance of National Homeownership Month

2. SUMMARY
Commend Chapman University’sCenter for Demographics and Policy for its invaluable contribution to the national dialogue on the future of housing, wealth, and opportunity.

3. ATTACHMENT
· Draft Proclamation
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18 Agenda Item
Orange City Council
Item #: 6/23/2026 File #: 26-0384

1. SUBJECT
Proclamation honoring the 2026 Housing Solutions and American Success Summit held at Chapman University in observance of National Homeownership Month

2. SUMMARY
Commend Chapman University’sCenter for Demographics and Policy for its invaluable contribution to the national dialogue on the future of housing, wealth, and opportunity.

3. ATTACHMENT
· Draft Proclamation
City of Orange Printed on 6/18/2026Page 1 of 1
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19 Proclamation
Recognizing
2026 Housing Solutions & American Success Summit
At Chapman University
WHEREAS, on June 24, 2026, Chapman University’s Center for Demographics and Policy is hosting the 2026 Housing Solutions and American Success Summit in observance of National Homeownership Month; and WHEREAS, owning a home is a fundamental part of the American Dream and the cornerstone of strong, thriving communities. Homeownership provides long-term financial stability, builds generational wealth, and encourages civic engagement; and
WHEREAS, the Summit convenes policymakers, industry leaders, and academics across the fields of research, finance, development, and community advocacy to examine the vital role of homeownership in economic mobility and the renewal of the middle class; and
WHEREAS, as economic, demographic, and regulatory dynamics continue to reshape the housing supply, the Summit underscores the heightened significance of property ownership within contemporary public policy discourse, helping advance strategies designed to broaden access to the American Dream; and WHEREAS, Chapman University, proudly rooted in the City of Orange, serves the region through education, scholarship, and civic leadership, with the George L. Argyros College of Business and Economics emphasizing data- driven research that connects scholarship to real-world outcomes; and WHEREAS, the Center for Demographics and Policy focuses on the expert research and analysis of global, national, and regional trends, exploring policies that foster thriving communities and favorable demographic results for generations to come; and
WHEREAS, the 2026 Housing Solutions and American Success Summit ultimately serves to reinforce the foundational truth that every family deserves the opportunity to reap the profound benefits of homeownership, from building generational wealth to creating lasting memories in a place of their own.

NOW, THEREFORE, BE IT RESOLVED, that I, Daniel R. Slater, Mayor of the City of Orange, and the entire City Council, do hereby commend Chapman University’s Center for Demographics and Policy for its invaluable contribution to the national dialogue on the future of housing, wealth, and opportunity.

DATED this 23rd day of June 2026.

Daniel R. Slater, Mayor
Arianna Barrios, Councilmember
Kathy Tavoularis, Councilmember
Ana Gutierrez, Councilmember
Jon Dumitru, Councilmember
Denis Bilodeau, Mayor pro tem
John Gyllenhammer, Councilmember
Draft
20 Agenda Item
Orange City Council
Item #: 3.1. 6/23/2026 File #: 26-0321
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Waive reading in full of all ordinances on the Agenda

2. SUMMARY
This item asks the City Council to waive the reading in full of all ordinances on the agenda (if any) and approve their reading by title only.

State law requires that all ordinances be read in full either at the time of the introduction or at the time of passage, unless a motion waiving further reading is adopted by a majority of the City Council (Gov.

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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21 Agenda Item
Orange City Council
Item #: 3.1. 6/23/2026 File #: 26-0321
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Waive reading in full of all ordinances on the Agenda

2. SUMMARY
This item asks the City Council to waive the reading in full of all ordinances on the agenda (if any) and approve their reading by title only.

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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22 Agenda Item
Orange City Council
Item #: 3.2. 6/23/2026 File #: 26-0324
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meeting held on May 26, 2026; and Special Meeting held on June 3, 2026

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meetings.

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· May 26, 2026, Regular Meeting minutes
· June 3, 2026, Special Meeting minutes
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23 Agenda Item
Orange City Council
Item #: 3.2. 6/23/2026 File #: 26-0324
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meeting held on May 26, 2026; and Special Meeting held on June 3, 2026

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meetings.

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· May 26, 2026, Regular Meeting minutes
· June 3, 2026, Special Meeting minutes
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24 City of Orange
Orange City Council
May 26, 2026

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, May 26, 2026, at 6:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:03 p.m.

1.1 INVOCATION
Given by Orange Police Chaplain Pete Shambrook.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Ana Gutierrez.

1.3 ROLL CALL

Present: Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and Slater

Absent: None

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing the 60th Anniversary of the Orange May Parade Proclamation recognizing the 30th Anniversary of the Orange Plaza Rotary Car Show
Proclamation recognizing the 20th Anniversary of the Taste of Orange

1.5 ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

None

2. PUBLIC COMMENTS
Public Speakers:

Curt Peterson inquired about the notices of violation issued to Mills Act Contract properties that are not in compliance with program requirements.

Jacob (no last name given) commented on the impact of large corporations.

Doug Redding spoke regarding the GKN hazardous materials incident in Garden Grove and discussed the deployment of Orange CERT volunteers, highlighting their efforts in

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supporting evacuation center operations.

Written Public Comments
Janice Brownfield submitted an email regarding potential uses for the City's remaining CalRecycle SB 1383 Local Assistance Formula Grant funds.

Dianna Sundell submitted an email in opposition of the Orange Hills development project.

3.1. Waive reading in full of all ordinances on the Agenda ACTION: Approved.

3.2. Approval of minutes of the City of Orange City Council Regular Meeting held on April 28, 2026
ACTION: Approved minutes as presented.

3.3. Agreement with Belmont Estates Homeowners Association for installation of Flock cameras on City property
Speaker cards were submitted for Item 3.3; therefore, the item was removed from the Consent Calendar for separate consideration.

Public Speakers:

Jacob (no last name given) expressed concerns regarding privacy.

Evangaline Watkins spoke in opposition of approval.

Jared Segundo spoke in opposition of approval.

Jana Anderson spoke in opposition of approval, citing privacy concerns.

Written Public Comments
Kayla Asato submitted an email in opposition of approval.

The following submitted eComments in opposition of approval: Kelly Ribuffo and Ryan Johnson.

Staff responded to Council inquiries regarding the retention policy and privacy concerns associated with the program. Police Chief Jevec stated that the City is in compliance with applicable State laws and the City's adopted policy. He further confirmed that all information captured through the Flock system is owned and controlled by the Police Department.

ACTION: A motion was made by Mayor pro tem Bilodeau, seconded by Councilmember Dumitru, to approve the agreement between the City of Orange and Belmont Estates Homeowners Association, for the construction, installation,

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maintenance, and operation of automatic license plate reader equipment within public right-of-way; and authorize the Mayor and City Clerk to execute on behalf of the City .

The motion carried by the following vote:

Bilodeau, Dumitru, Tavoularis, Gyllenhammer, and SlaterAyes:

Barrios, and GutierrezNoes:

NoneAbsent:

3.4. Agreement with Insight Public Sector, Inc. for Flock camera licenses, software, and services for the Police Department
Speaker cards were submitted for Item 3.4; therefore, the item was removed from the Consent Calendar for separate consideration.

Public Speakers:

Anne Cody spoke in opposition.

Mary Oberschlake spoke in opposition.

Patricia Cabada spoke in opposition.

Written Public Comments
Kayla Asato submitted an email in opposition.

Kelly Ribuffo submitted an eComment in opposition.

In addition, a recorded message was received in opposition by Bulmar Vicente.

During Council deliberation, Council discussed how Flock can be used as a tool to prevent and reduce crime. Staff stated that California law imposes strict requirements regarding the sharing of Flock information. Staff further noted that the Orange Police Department only shares information with other California law enforcement agencies.

A motion was made by Councilmember Bilodeau, seconded by Councilmember Gyllenhammer to:
1) Approve the two -year agreement with Insight Public Sector, Inc. in the amount of $387,280, representing a service cost of $ 377,280, plus a contingency of $ 10,000, for Flock camera licenses, software, and services; and authorize the Mayor and City Clerk to execute on behalf of the City.
2) Authorize the appropriation of $ 193,640 from AB 3229-COPS/State-Supplemental Law Enforcement Services (454) unreserved fund balance to:
454-4011-53202-251804 Annual Software License & Maintenance ACTION: A substitute motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to continue the item to the next Regular City Council meeting. The motion failed by the following vote:

Barrios, and GutierrezAyes:

Bilodeau, Dumitru, Tavoularis, Gyllenhammer, and SlaterNoes:

NoneAbsent:

Following the failed substitute motion, Mayor Slater called for the vote on the main motion.

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ACTION: A motion was made by Mayor pro tem Bilodeau, seconded by Councilmember Gyllenhammer, to:
1) Approve the two -year agreement with Insight Public Sector, Inc. in the amount of $387,280, representing a service cost of $ 377,280, plus a contingency of $ 10,000, for Flock camera licenses, software, and services; and authorize the Mayor and City Clerk to execute on behalf of the City.
2) Authorize the appropriation of $ 193,640 from AB 3229-COPS/State-Supplemental Law Enforcement Services (454) unreserved fund balance to:
454-4011-53202-251804 Annual Software License & Maintenance The motion carried by the following vote:

Bilodeau, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

BarriosNoes:

NoneAbsent:

3.5. Approval of a Cooperative Agreement and adoption of a resolution designating City of Orange streets as County of Orange highways for off -site improvements related to the Workforce Reentry Center Project near West Metropolitan Drive and The City Drive South
ACTION: 1) Adopted Resolution No. 11686. A Resolution of the City Council of the City of Orange declaring certain streets within the City of Orange to be County of Orange highways during construction of intersection improvements at West Metropolitan Drive and The City Drive South. 2) Approved the Cooperative Agreement with the County of Orange regarding the design, funding, and construction of traffic signal, intersection, and roadway improvements for the Workforce Reentry Center Project at West Metropolitan Drive and The City Drive South.

3.6. Second Amendment to Agreement with Bio Aquatics Lake Management LLC, for continued lake, pond, and stream maintenance services at Eisenhower Park ACTION: Approved the Second Amendment to Agreement with Bio Aquatics Lake Management LLC in the amount of $ 42,020 for continued lake, pond, and stream maintenance services at Eisenhower Park for Fiscal Year 2026-27; and authorized the City Manager and City Clerk to execute on behalf of the City.

3.7. Accept the FY 26 Beverage Container Grant from the California Department of Resources Recycling and Recovery and appropriate unspent grant balances received in prior fiscal years
ACTION: 1) Accepted into the City ’s revenue budget $ 34,712 in grant funds from California Department of Resources Recycling and Recovery to State Grant Funds (499):
499-5301-43201-265088 State Grant Funds Beverage Container Grant FY26 2) Authorized the appropriation of $34,712 to:
499-5301-55101-265088 State Grant Funds Beverage Container Grant FY26 3) Authorized the appropriation of $34,798 to:
601-5301-55101-255088 State Grant Funds Beverage Container Grant FY25 4) Authorized the appropriation of $32,412 to:
100-5001-55999-255041 Other Prof/Tech. Serv. SB 1383 Local Assistance FY23

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3.8. Approval of plans and specifications for Community Development Block Grant Fiscal Year 2025-2026 Americans with Disabilities Act Wheelchair Access Ramp Replacement and authorization to advertise for bids; and finding of California Environmental Quality Act (CEQA) exemption
ACTION: 1) Approved the plans and specifications and authorize advertising for Bid No. 25-26.19 (SP-4330). 2) Found that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1(c) - Existing Facilities).

3.9. Approval of plans and specifications for Community Development Block Grant Fiscal Year 2025-2026 Street Rehabilitation and authorization to advertise for bids; and finding of California Environmental Quality Act (CEQA) exemption ACTION: 1) Approved the plans and specifications and authorize advertising for Bid No. 25-26.20 (SP-4329), Community Development Block Grant Fiscal Year 2025-2026 Street Rehabilitation. 2) Found that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1(c) - Existing Facilities).

3.10. Third amendment to Contract with Tunnelworks Services, Inc. for sewer line cleaning, video inspection, and emergency response services ACTION: Approved the third amendment with Tunnelworks Services, Inc. in the amount of $ 378,039 for sewer line cleaning, video inspection, and emergency response services; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.11. Authorize purchase of replacement computers from CPAC, Inc.

A speaker card was submitted for Item 3.11; therefore, the item was removed from the Consent Calendar for separate consideration.

Public Speaker:

Curt Peterson inquired whether the project had been competitively bid and questioned the necessity of the purchase at this time.

During Council discussion, staff stated that the purchase had been deferred for three years and that the oldest computers would be replaced first.

ACTION: A motion was made by Mayor pro tem Bilodeau, seconded by Councilmember Barrios, to approve the purchase of laptop and table computers from CPAC, Inc. for $122,812.42. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

3.12. Authorize an increase to an existing purchase order for safety gear and equipment supporting Fire Operations and the Emergency Medical Transport Program
Item 3.12 was removed from the Consent Calendar for separate consideration by Councilmember Gyllenhammer.

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In response to Council's inquiry regarding the increase in the purchase order amount, staff confirmed that the increase is intended to support additional ambulance operators.

ACTION: A motion was made by Mayor pro tem Bilodeau, seconded by Councilmember Barrios, to approve an increase to a blanket purchase order for a total not-to-exceed amount of $ 218,500 with LineGear Fire & Rescue Equipment for safety gear and equipment. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

3.13. Approval of the Santiago Creek Commission ’s proposed Santiago Creek Strategic Plan implementation strategy
Entered into the record: a revised Implementation Strategy with the correct projects listed for the Historical, Cultural, and Archeological subcommittee; Plan Project No. 3.1 listed under the Ecological Preservation and Restoration subcommittee; and Plan Project No. 3.11 listed under the Recreational Enhancement and Safety subcommittee.

Written Public Comments
The following submitted eComments in support: Adrienne Gladson and Jack Comer.

ACTION: Approved the Santiago Creek Commission ’s proposed Santiago Creek Strategic Plan implementation strategy.

3.14. Consideration of resolutions pertaining to the November 3, 2026, General Municipal Election
ACTION: 1) Adopted Resolution No. 11669. A Resolution of the City Council of the City of Orange calling and giving notice of a General Municipal Election to be held on Tuesday, November 3, 2026, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law cities. 2) Adopted Resolution No. 11671. A Resolution of the City Council of the City of Orange adopting regulations for candidates for elective office pertaining to candidates ’ statements submitted to the voters at an election to be held on Tuesday, November 3, 2026.
3) Adopted Resolution No. 11673. A Resolution of the City Council of the City of Orange requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 3, 2026, with the Statewide General Election to be held on the same date pursuant to Elections Code Section 10403.

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Approval of the Consent Calendar
Items 3.3, 3.4, 3.11, and 3.12 were removed from the Consent Calendar and heard separately. All other items were approved as recommended.

A motion was made by Councilmember Tavoularis, seconded by Mayor pro tem Bilodeau, to approve the Consent Calendar as recommended. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

END OF CONSENT CALENDAR
* * * * * * * *

4. REPORTS FROM MAYOR SLATER
Mayor Slater announced current vacancies on various Boards, Commissions, and Committees. He also invited Fire Chief Velasco to provide a brief report on the hazardous materials incident in Garden Grove. Additionally, Mayor Slater commented that the 2026 Point-in-Time Count may not accurately reflect the level of homelessness encountered by the Orange Police Department during its daily operations.

5. REPORTS FROM COUNCILMEMBERS
Mayor pro tem Bilodeau announced the upcoming primary election and voting opportunities available.

6. AB 1234 REPORTS
None

7. APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS

7.1. Appointment to the Audit Advisory Committee
A motion was made by Councilmember Gutierrez, seconded by Councilmember Barrios, to confirm Mayor Slater's recommendation to appoint Robert Paul to the Audit Advisory Committee for a two -year term ending on June 30, 2028. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

8. REPORTS FROM CITY MANAGER
None

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9. PUBLIC HEARINGS

9.1. Public Hearing to consider an amendment to the City ’s Master Fee Schedule establishing an annual fee and fines for the vacant property registration program A motion was made by Councilmember Dumitru, seconded by Mayor pro tem Bilodeau, to continue the Public Hearing to the June 9, 2026, Regular City Council Meeting. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

9.2. Public Hearing to consider a proposal to redevelop a commercial property with 71 three-story single -family small lot homes at 2375 N. Tustin Street, the Introduction and First Reading of Ordinance No. 06-26 approving Zone Change No. ZC25-0002, and adoption of Mitigated Negative Declaration No. ENV25-0001 and associated Mitigation Monitoring and Reporting Program Senior Planner Monique Schwartz presented the staff report utilizing a PowerPoint presentation.

Mayor Slater opened the Public Hearing at 7:48 p.m.

Public Speakers:

Reggie Mundekis spoke in support.

Cynthia Hesketh spoke in opposition.

Jourdan Clark spoke in opposition.

Dan Baldwin spoke in opposition as submitted.

Lisa Ackerman Baldwin spoke in opposition as submitted.

Adrienne Gladson spoke in opposition.

Kathleen Clark spoke in opposition.

Mayor Slater closed the Public Hearing at 8:08 p.m.

Chad Brown, applicant, presented a PowerPoint in support of the project and responded to Council questions regarding landscaping, garages, and the project's anticipated fiscal benefits.

During Council deliberations, staff confirmed that the project complies with the City's Small Lot Ordinance and that the property owner had been unsuccessful in attracting a business tenant to occupy the existing building. Staff also noted that the proposed zone change is associated with the project.

The applicant further stated a willingness to voluntarily participate in future improvements to Tustin Street once a specific plan has been established.

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A motion was made by Mayor pro tem Bilodeau, seconded by Mayor Slater, to:
1) Adopt Resolution No. 11685. A Resolution of the City Council of the City of Orange adopting Mitigated Negative Declaration No. ENV25-0001 and associated Mitigation Monitoring and Reporting Program, and approving General Plan Amendment No .

GPA25-0003, Tentative Tract Map No. TTM25-0001, Major Site Plan No .

MJSP25-0002, and Administrative Design Review No. ADR25-0018 for the redevelopment of a vacant commercial site with 71, three -story single -family small lot homes, open space recreation area, guest parking, and related site improvements on a

4.23-acre site located at 2375 N. Tustin Street.
2) Introduce and conduct First Reading of Ordinance No. 06-26. An Ordinance of the City Council of the City of Orange approving Zone Change No. ZC25-0002 to change the zoning classification from Limited Business Tustin Redevelopment Project Area (C-TR) to Residential Multiple Family (R-3) on a 4.23-acre site located at 2375 N.

Tustin Street.

The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Tavoularis, Gyllenhammer, and SlaterAyes:

GutierrezNoes:

NoneAbsent:

RECESS: The City Council recessed at 9:03 p.m. and reconvened at 9:20 p.m. with all Members present.

9.3. Public Hearing to consider adoption of an urgency ordinance establishing a temporary moratorium on new massage establishments
Senior Code Compliance Officer Adam Davis presented the staff report utilizing a PowerPoint presentation.

Mayor Slater opened the Public Hearing at 9:24 p.m.; there being no speakers, Mayor Slater closed the Public Hearing at 9:24 p.m.

A motion was made by Councilmember Gutierrez, seconded by Councilmember Barrios, to adopt Ordinance No. 08-26 and the findings of urgency. An Urgency Ordinance of the City Council of the City of Orange establishing a temporary moratorium on massage establishments pending review and update to the City's Municipal Code and Zoning Code. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

9.4. Continued Public Hearing to consider the Introduction and First Reading of Ordinance No. 07-26 to update regulations for Residential Care Facilities and Daycare Homes to ensure consistency with State Law and finding of California Environmental Quality Act (CEQA) exemption (Continued from May 12, 2026) Associate Planner Arlen Beck presented the staff report utilizing a PowerPoint presentation.

Mayor Slater opened the Public Hearing at 9:31 p.m.; there being no speakers, Mayor Slater closed the Public Hearing at 9:31 p.m.

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A motion was made by Mayor Slater, seconded by Councilmember Dumitru, to:
1) Introduce and conduct First Reading of Ordinance No. 07-26. An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code to comply with State law regarding Residential Care Facilities (Health and Safety Code Sections 1267.16 and 1500-1569.889).
2) Find the ordinance categorically exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Sections 15061(b)(3).

The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

10. ADMINISTRATIVE REPORTS

10.1. Fiscal Year 2026-2027 City of Orange Preliminary Budget and Five -Year Capital Improvement Program
Finance Director Trang Nguyen and Assistant Finance Director Michelle Kresan presented the staff report utilizing a PowerPoint presentation.

During Council discussion, questions were raised regarding the vacancy rate and full-time equivalent (FTE) positions.

Council directed staff to evaluate the vacancy rate and incorporate it into the development of the FY 2026-27 budget.

A motion was made by Councilmember Gutierrez, seconded by Councilmember Dumitru, to:
1) Review and affirm the Fiscal Year 2026-2027 Preliminary Citywide Budget, following the two budget study sessions on March 24 and April 14, for all funds consisting of total revenues of $292.9 million and total expenditures of $317.3 million, including transfers. a. General Fund revenues totaling $ 171.2 million and expenditures totaling $ 170.8 million;
b. Staffing for Fiscal Year 2026-2027 at 708.567 budgeted FTEs; and c. Five-Year Capital Improvement Program.
2) Direct staff to return in June, for the Fiscal Year 2026-2027 budget adoption.

The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, and SlaterAyes:

GyllenhammerNoes:

NoneAbsent:
(Item 11.1 re-ordered to be heard before Item 10.2.)

11.1. Introduction and First Reading of Ordinance No. 05-26 amending the Orange Municipal Code relating to the Tobacco Retailer Permit program regulations Code Compliance Manager Rafael Perez provided a brief overview of the proposed updates to the existing ordinance.

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Public Speakers:

Jaime Rojas spoke in support of the proposed updates.

Moe Abuelayyan spoke in opposition to a full vape ban.

Liliana Padilla thanked Council for reconsidering current provisions in the ordinance that negatively impact local businesses.

Bryan Lam spoke in support of the proposed updates.

A motion was made by Councilmember Barrios, seconded by Councilmember Dumitru, to Introduce and conduct First Reading of Ordinance No. 05-26. An ordinance of the City Council of the City of Orange amending Chapter 5.100 of the Orange Municipal Code to eliminate certain restrictions on the retail sale of tobacco and tobacco products and provide clarification on the transferability of Tobacco Retailer Permits. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

10.2. Review and discuss draft resolutions and ordinance documents relating to a proposed 1¢ Sales Tax Measure, Transient Occupancy Tax Measure, and The Contract with Orange
Mayor Slater presented the draft resolutions and ordinances related to the proposed one-cent sales tax measure, Transient Occupancy Tax measure, and The Contract with Orange, and suggested that the Council consider each item separately.

During Council discussion, members requested that staff revise Section 3.23.140 of the proposed sales tax ordinance regarding the Independent Oversight Committee to specify that members appointed by each City Councilmember must reside within the same voting district as the appointing Councilmember.

Council also discussed the possibility of setting aside a portion of the potential sales tax revenue to establish a catastrophic emergency fund for residents.

Public Speaker:

Adrienne Gladson questioned the purpose of The Contract with Orange.

Written Public Comment
Leslie Manderscheid submitted an eComment in support of discussing the items; however she thought the items should have been listed as separate discussion items on the agenda.

A motion was made by Councilmember Barrios, seconded by Councilmember Dumitru, to adopt Resolution No. 11670 placing a one -cent sales tax measure until ended by voters on the November 3, 2026, ballot.

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A substitute motion was made by Mayor Slater, seconded by Councilmember Tavoularis, to adopt Resolution No. 11670 placing a one -cent sales tax expiring after 10 years on the November 3, 2026, ballot. The motion failed by the following vote:

Dumitru, Gutierrez, Tavoularis, and SlaterAyes:

Bilodeau, Barrios, and GyllenhammerNoes:

NoneAbsent:

Following the failed substitute motion, Mayor Slater called for the vote on the main motion.

Prior to the vote, Councilmember Tavoularis stated she could not support the proposed sales tax measure with a term "until ended by voters." The Council discussed alternative sunset provisions, including a 15-year term.

A motion was made by Councilmember Barrios, seconded by Councilmember Dumitru, to adopt Resolution No. 11670 placing a one cent sales tax until ended by voters on the November 3, 2026, ballot. The motion failed by the following vote:

Barrios, and DumitruAyes:

Bilodeau, Gutierrez, Tavoularis, Gyllenhammer, and SlaterNoes:

NoneAbsent:

A motion was made by Councilmember Dumitru, seconded by Councilmember Barrios, to adopt Resolution No. 11670 placing a one -cent sales tax expiring after 12 years on the November 3, 2026, ballot. The motion failed by the following vote:

Barrios, Dumitru, Gutierrez, and SlaterAyes:

Bilodeau, Tavoularis, and GyllenhammerNoes:

NoneAbsent:

A motion was made by Councilmember Gutierrez, seconded by Councilmember Barrios, to continue the proposed sales tax measure and related documents (Resolution Nos. 11670 and 11672) to the next Council meeting. The motion carried by the following vote:

Bilodeau, Barrios, Gutierrez, Tavoularis, and SlaterAyes:

Dumitru, and GyllenhammerNoes:

NoneAbsent:

Council considered Resolution No. 11690 relating to a proposed Transient Occupancy Tax measure. During discussion, Council members considered the potential for increasing the number of Short -Term Rental permits, particularly in anticipation of increased visitor demand associated with the FIFA World Cup and Olympic Games.

A motion was made by Councilmember Barrios, seconded by Councilmember Tavoularis, to adopt Resolution No. 11690 adding a Transient Occupancy Tax measure on the November 3, 2026, ballot increasing the tax rate from 10% to 14% for hotels with 11 or more rooms. The motion carried by the following vote:

Barrios, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

Bilodeau, and DumitruNoes:

NoneAbsent:

Council briefly discussed the individuals who would be authorized to prepare and submit written arguments in favor of the measure.

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A motion was made by Mayor Slater, seconded by Councilmember Barrios, to adopt Resolution No. 11691 authorizing Mayor Slater and Councilmember Barrios to file written arguments in favor of the measure. A Resolution of the City Council of the City of Orange setting priorities for filing written arguments regarding a City Measure and directing the City Attorney to prepare an impartial analysis for the measure to be submitted to the voters at the General Municipal Election held on Tuesday, November 3, 2026. The motion carried by the following vote:

Barrios, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

Bilodeau, and DumitruAbstain:

A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to adopt Resolution No. 11674. A Resolution of the City Council of the City of Orange providing for the filing of rebuttal arguments for City Measures submitted at Municipal Elections. The motion carried by the following vote:

Barrios, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

Bilodeau, and DumitruAbstain:

Mayor Slater provided a brief overview of Resolution No. 11689, adopting The Contract with Orange and reaffirming the City's commitment to the responsible stewardship of public funds.

Council discussed deferring further consideration of the resolution until the proposed sales tax measure returns for Council consideration.

A motion was made by Councilmember Dumitru, seconded by Councilmember Barrios, to continue Resolution No. 11689 adopting The Contract with Orange until the next Council meeting. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, and SlaterAyes:

GyllenhammerNoes:

NoneAbsent:

10.3. Vehicle Incentive Program Discussion
Deputy City Manager Jack Morgan presented a brief staff report and responded to Council inquiries regarding the inclusion of all dealerships in the program and the proposed ten-year term.

Written Public Comment
Leslie Manderscheid submitted an eComment in opposition.

A motion was made by Mayor Slater, seconded by Councilmember Barrios, to direct City staff to prepare an economic development subsidy report and schedule a public hearing to consider approval of the Vehicle Incentive Program, contingent upon voter approval of any future transactions and use tax increase. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, and SlaterAyes:

GyllenhammerNoes:

NoneAbsent:

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10.4. Executive Management and Senior Management employees’ classification, compensation, and terms of employment
A motion was made by Councilmember Gutierrez, seconded by Councilmember Gyllenhammer, to adopt Resolution No. 11688.

A substitute motion was made by Councilmember Dumitru, seconded by Councilmember Barrios, to continue the item to a date uncertain. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, and TavoularisAyes:

Gutierrez, Gyllenhammer, and SlaterNoes:

NoneAbsent:

10.5. Technology Disruption Policy to address disruption of telephonic or internet service during City Council meetings
Deputy City Clerk Jennifer Connally presented a brief staff report and noted that adoption of the policy is required to comply with the provisions of Senate Bill 707 (2025), which revised requirements under the Brown Act.

A motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer, to adopt Resolution No. 11684. A Resolution of the City Council of the City of Orange adopting a Technology Disruption Policy for public meetings pursuant to Senate Bill 707 and the Ralph M. Brown Act. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

11. LEGAL AFFAIRS

11.1. Introduction and First Reading of Ordinance No. 05-26 amending the Orange Municipal Code relating to the Tobacco Retailer Permit program regulations Item 11.1 was previously re-ordered to be heard after Item 10.1.

12. ADJOURNMENT
There being no further business, the meeting was adjourned at 12:01 a.m. in Memory of Steve Ambriz on the anniversary of his passing.

The next Regular City Council meeting will be held on Tuesday, June 9, 2026, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________ PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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Orange City Council
June 03, 2026

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Wednesday, June 3, 2026, at 7:30 p.m. for a Special Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
7:30 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 7:30 p.m.

1.1 PLEDGE OF ALLEGIANCE
Led by Mayor Dan Slater.

1.2 ROLL CALL

Present: Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, and Slater

Absent: Gyllenhammer
Mayor pro tem Bilodeau joined the meeting at 7:37 p.m.

2. ADMINISTRATIVE REPORTS

2.1. Review and discuss draft resolution and ordinance documents relating to a proposed 1¢ Sales Tax Measure for a term of 13 years
Deputy City Manager Jack Morgan presented the staff report utilizing a PowerPoint presentation. Proposed Resolution No. 11670 would place a one -cent sales tax measure on the November 3, 2026, ballot, with a term of 13 years.

Public Speakers:

Reggie Mundekis spoke in support of the proposed measure.

Curt Peterson questioned the emphasis on police and fire services in the ballot measure's proposed language.

AJ Ricci spoke in opposition citing concerns regarding the Council's inconsistent objectives.

Diana Zdenek spoke in support of the proposed measure.

A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to adopt Resolution No. 11670. A Resolution of the City Council of the City of Orange ordering the submission to the voters a question relating to a local general transactions and use tax (sales tax) at the November 3, 2026, General Municipal

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39 Orange City Council Minutes - Draft June 3, 2026
Election as called by Resolution No. 11669. The motion carried by the following vote:

Barrios, Dumitru, Gutierrez, Tavoularis, and SlaterAyes:

BilodeauNoes:

GyllenhammerAbsent:

A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to adopt Resolution No. 11672 and designate Mayor Slater as the Council's authorized representative for purposes of Elections Code section 9282, with authority to prepare, execute, and file the ballot argument in favor of the measure, determine any additional co -signers, and make revisions necessary prior to filing. A Resolution of the City Council of the City of Orange setting priorities for filing written arguments regarding a City measure and directing the City Attorney to prepare an impartial analysis for the measure to be submitted to the voters at the General Municipal Election held on Tuesday, November 3, 2026. The motion carried by the following vote:

Barrios, Dumitru, Gutierrez, Tavoularis, and SlaterAyes:

BilodeauNoes:

GyllenhammerAbsent:

3. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:47 p.m.

CITY CLERK MAYOR

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40 Agenda Item
Orange City Council
Item #: 3.3. 6/23/2026 File #: 26-0274
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Adam Jevec, Chief of Police

1. SUBJECT
Agreements with Archie’s Towing and Southside Towing for Towing and Storage Services

2. SUMMARY
Proposals for a three-year Towing and Storage Services contract were received and opened on May 15, 2026. Two bidders responded to the Request for Proposals. The Orange Police Department recommends awarding contracts to Archies Towing and Southside Towing.

3. RECOMMENDED ACTION

1. Approve the agreements with Archie’s Towing and Southside Towing for Towing and Storage Services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Approve the Fee Schedule for Contracted Tow Companies, effective July 1, 2026.

4. FISCAL IMPACT
There is no direct fiscal impact on the General Fund. Revenue collected from the towing services will offset the cost of the agreement.

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services

6. DISCUSSION AND BACKGROUND
The Orange Police Department utilizes private towing companies for the removal, storage and impounding of vehicles during the normal course of business. The department is authorized to remove vehicles from roadways and off-street parking facilities pursuant to provisions of the California Vehicle Code. These services are provided through agreements with licensed, independent towing companies operating within the City of Orange.

The Police Towing and Storage Agreement establishes required standards for equipment, vehicles, and performance for contractors. It also provides oversight of services and fees, including insurance and indemnification requirements, as well as procedures for complaint reviews, investigations, and potential suspension or termination of agreements. The City’scurrent agreements for towing and storage services expire on June 30, 2026.

On April 21, 2026, the City issued Request for Proposal (RFP) No. 25-26.16 for Police Towing and Storage Services. The solicitation period remained open for 25 days and closed on May 15, 2026.

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41 Item #: 3.3. 6/23/2026 File #: 26-0274
Two proposals were received and evaluated by a panel of experienced Police Department personnel.

As part of the evaluation process, staff conducted on-site inspections of each facility. Proposals were independently scored based on criteria outlined in the RFP and the Orange Police Department Policy Manual, Policy No. 502 (Policy 502). Scores were compiled and averaged.

Evaluation criteria included:
· Service Requirements: Compliance with Policy 502, including 24/7 availability, 20-minute response time, live dispatch, approved rate schedule, valid City business license, security standards, and inspection accessibility during business hours. · Facility and Equipment Requirements: On-Site office for billing and vehicle release, standard 8 am - 5 pm business hours, minimum storage capacity of 100 vehicles, approved fencing, and secure storage area for evidence. Light and Medium-duty tow trucks are required; Heavy-duty trucks are recommended, but not required.
· Qualification of Personnel: Experience of staff and management in towing procedures, including qualifications of office personnel responsible for vehicle tracking, billing, and recordkeeping, as well as the tenure and retention of tow truck drivers. · Prior Experience: Years in business and experience providing police towing services. · Accident and Damage Claims History: Evaluated the proposers’accident history as well as any damage claims.
· References: Other law enforcement agencies, bank, and personal references.

Based on the evaluation, the companies ranked as follows:

1. Archie’s Towing

2. Southside Towing
Refer to Attachment 5 for the summary of tow evaluations.

Based upon the review of the bids and evaluation results, the Orange Police Department recommends both towing companies.

Fee Schedule
As part of the RFP process, each towing company submitted a request for fee increases to address rising operational and business costs experienced over the past five years. The Fee Schedule for Contracted Tow Companies was last updated in 2021 during the previous contract renewal period, when rates were established through a comparative analysis of fees charged by neighboring jurisdictions.

The proposed fee schedule was developed by averaging the rates submitted by the participating tow companies and subsequently negotiating those rates to ensure they remained consistent with fees charged by surrounding agencies. A comprehensive list of the proposed fees is provided in Attachment 3, Fee Schedule for Contracted Tow Companies.

Proposed Fee Summary
Contracted Tow Services Current Fees Proposed Fees Change in Cost City of Orange Printed on 6/18/2026Page 2 of 3
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42 Item #: 3.3. 6/23/2026 File #: 26-0274
Emergency Tow with Driver & Standby Time
Light Duty (Flat Rate) $215 $300 $85 (40% Increase)
Medium Duty (Flat Rate) $260 $350 $90 (35% Increase)
Heavy Duty (Flat Rate) $360 $500 $140 (39% Increase)
Service Call $100 $100 $ -
Gate Fees
Weekends & Holidays $100 $100 $ -
Storage
Standard Vehicle $60/day $70/day $10/day (17% Increase) Trucks $70/day $80/day $10/day (14% Increase)
Police Evidence Holds $1/day $1/day $ -
To evaluate the reasonableness of the proposed fees, staff conducted a comprehensive comparison of towing rates charged by neighboring law enforcement agencies for similar services. The analysis included the police departments of Costa Mesa, Newport Beach, Santa Ana, Tustin, and Irvine.

Notably, the Costa Mesa and Tustin Police Departments currently contract with one or more of the tow providers recommended for the City’s towing services program.

The City of Tustin’stow fees are among the highest, having recently been updated in August 2025. In contrast, the City of Costa Mesa’stow fees are among the lowest and are adjusted annually based on changes in the Consumer Price Index.

To establish a benchmark for comparison, staff calculated an average tow fee using the rates charged by the Costa Mesa and Tustin Police Departments and compared those rates to the proposed fees. A summary of this comparison is provided below.

Tow Service Average Tow Fee Proposed Fee Increase % Change Light Duty $263 $300 $37 14%
Medium Duty $315 $350 $35 11%
Heavy Duty $429 $500 $71 17%
While the proposed fees are slightly higher than the calculated average, it is anticipated that regional rates will continue to increase as other agencies update their towing contracts to align with current market conditions and industry standards.

Based on the evaluation of qualifications, service capabilities, and proposed pricing, it is the recommendation of the Police Department to award towing service agreements to Archie’sTowing and Southside Towing for a three-year term, with the option to extend the agreements for an additional two years. These providers have demonstrated the ability to meet the operational needs of the Police Department and provide reliable, professional towing and storage services.

7. ATTACHMENTS
· Attachment 1 Agreement with Archie’s Towing
· Attachment 2 Agreement with Southside Towing
· Attachment 3 Fee Schedule for Contracted Tow Companies · Attachment 4 Tow Company Evaluations
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43 Agenda Item
Orange City Council
Item #: 3.3. 6/23/2026 File #: 26-0274
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Adam Jevec, Chief of Police

1. SUBJECT
Agreements with Archie’s Towing and Southside Towing for Towing and Storage Services

3. RECOMMENDED ACTION

1. Approve the agreements with Archie’s Towing and Southside Towing for Towing and Storage Services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Approve the Fee Schedule for Contracted Tow Companies, effective July 1, 2026.

4. FISCAL IMPACT
There is no direct fiscal impact on the General Fund. Revenue collected from the towing services will offset the cost of the agreement.

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services

On April 21, 2026, the City issued Request for Proposal (RFP) No. 25-26.16 for Police Towing and Storage Services. The solicitation period remained open for 25 days and closed on May 15, 2026.

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44 Item #: 3.3. 6/23/2026 File #: 26-0274
Two proposals were received and evaluated by a panel of experienced Police Department personnel.

Based on the evaluation, the companies ranked as follows:

1. Archie’s Towing

2. Southside Towing
Refer to Attachment 5 for the summary of tow evaluations.

Based upon the review of the bids and evaluation results, the Orange Police Department recommends both towing companies.

Proposed Fee Summary
Contracted Tow Services Current Fees Proposed Fees Change in Cost City of Orange Printed on 6/18/2026Page 2 of 3
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45 Item #: 3.3. 6/23/2026 File #: 26-0274
Emergency Tow with Driver & Standby Time
Light Duty (Flat Rate) $215 $300 $85 (40% Increase)
Medium Duty (Flat Rate) $260 $350 $90 (35% Increase)
Heavy Duty (Flat Rate) $360 $500 $140 (39% Increase)
Service Call $100 $100 $ -
Gate Fees
Weekends & Holidays $100 $100 $ -
Storage
Standard Vehicle $60/day $70/day $10/day (17% Increase) Trucks $70/day $80/day $10/day (14% Increase)
Police Evidence Holds $1/day $1/day $ -
To evaluate the reasonableness of the proposed fees, staff conducted a comprehensive comparison of towing rates charged by neighboring law enforcement agencies for similar services. The analysis included the police departments of Costa Mesa, Newport Beach, Santa Ana, Tustin, and Irvine.

Notably, the Costa Mesa and Tustin Police Departments currently contract with one or more of the tow providers recommended for the City’s towing services program.

7. ATTACHMENTS
· Attachment 1 Agreement with Archie’s Towing
· Attachment 2 Agreement with Southside Towing
· Attachment 3 Fee Schedule for Contracted Tow Companies · Attachment 4 Tow Company Evaluations
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46 OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT

THIS AGREEMENT is entered into this _____ day of ______________ 2026, by and between the CITY OF ORANGE, a municipal corporation ("City"), and ARCHIE’S TOWING, a California corporation ("Towing Service").

RECITALS

A. The Orange Police Department (“Police Department”) requires the aid and assistance of towing services on a regular basis in the performance of its duties, including response to and investigation of vehicular accidents.

B. As a means for providing the necessary towing service, the City has approved the use of certain, towing service companies who have agreed to contract with the City to furnish the requisite towing service pursuant to the requirements of the City's Police Department, as set forth in the terms and conditions contained herein.

C. Official Police Towing and Storage Services ("OPTS") means a towing company selected by the City to be used on-call and on a rotating basis for any police situation where a tow truck is required.

D. In order for a towing service company to perform as an OPTS service provider for the City's Police Department, the towing service company must enter into a contractual agreement with the City and must be designated by the City as an OPTS service provider.

E. In furtherance of this objective, the City desires to retain Towing Service and Towing Service desires to accept and be retained by the City, as an independent contractor, for purposes of providing police towing services for the City's Police Department.

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants, and conditions contained herein the parties hereto agree as follows:

AGREEMENT

To ensure the efficient performance of police towing services for the City's Police Department, Towing Service hereby agrees to the following OPTS service requirements, specifications, terms, and conditions:

1. OPTS Designation; Independent Contractor.

A. City hereby designates Towing Service as an OPTS service provider for the City's Police Department.

B. Towing Service acknowledges that participation in the OPTS rotation list is a revocable privilege granted by the City. Nothing in this Agreement shall be construed to create any property right, vested right, entitlement, expectancy, guaranteed volume of work, or continued 47 2
participation in the OPTS rotation list. The City reserves the right to modify, suspend, or terminate Towing Service's participation in the OPTS rotation list in accordance with this Agreement.

C. The services which are the subject of this Agreement are not in the usual course of City’s business and City relies on Towing Service’s representation that it is independently engaged in the business of providing such services and is experienced in performing the work.

D. At all times during the term of this Agreement, Towing Service shall be an independent contractor and not an employee of City. City shall have the right to control Towing Service only insofar as the result of the services rendered pursuant to this Agreement. City shall not have the right to control the means by which Towing Service accomplishes services rendered pursuant to this Agreement. Towing Service shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Towing Service shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Towing Service acknowledges that it and any subcontractors, agents or employees employed by it shall not, under any circumstances, be considered employees of City, and that they shall no t be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long -term disability or workers' compensation insurance benefits.

2. OPTS Service Provider Obligations . Towing Service agrees to comply with the following OPTS service provider terms and conditions:

A. Towing Service shall abide by all guidelines and requirements set forth in Oran ge Police Department Policy 502, attached as Exhibit “A” and incorporated herein by reference , as may be amended from time to time, and any written directives issued by the Chief of Police or designee relating to towing operations.

B. In the event the City chooses to operate an impound yard, the OPTS agrees to transport designated vehicles to the City-operated impound facility. Fees for towing/transporting of such vehicles will be paid to Towing Service by the City at the end of each month.

C. Towing Service shall respond to requests for OPTS service within 20 minutes from the time such request is received and shall promptly notify the City’s Police Department if this response time cannot be met.

D. Towing Service shall not release any vehicles impounded by the City’s Police Department without a release signed by the City’s Police Department.

E. Towing Service shall notify the City’s Police Department of any impounded vehicles being stored within the City pursuant to private party impound requests prior to leaving the City limits or within 30 minutes of vehicle storage, whichever occurs first.

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F. All personal property located within impounded vehicles shall be surrendered to the property owner upon request after obtaining a property release form from the Police Department and upon presentation of proper identification unless the vehicle is to be h eld for evidence.

G. Towing Service shall not report to the scene of an accident or assist a disabled vehicle unless summoned by a law enforcement officer or in response to a request from the person in charge of the disabled vehicle. This provision is intended to prohibit OP TS service providers from engaging in practices commonly referred to in the tow service business as “soliciting, monitoring, cruising or poaching.”

H. Towing Service shall furnish to the City by the tenth (10 th) day of each month during the term of this Agreement a list of i ts currently employed drivers. All drivers responding to Police Department calls shall possess a valid California driver's license appropriate for the vehicle operated and shall not have been convicted within the preceding five years of any felony, vehicle theft offense, fraud offense, or crime involving moral turpitude.

3. Standards for OPTS Service Provider . Towing Service agrees to comply with the following OPTS service provider standards:

A. Equipment

1. Company Information: Towing Service name, address and phone number shall be displayed on both sides of the tow truck in letters no t less than two and one -half (2-1/2) inches in height.

2. Lights: Trucks must, at all times, be equipped with such headlights, tail lights, red reflectors, stop lights, warning lights, and other lights as required by California law, plus one white utility light (adjustable or portable); and may be equipped with such other lights as the Towing Service may desire which are not forbidden by law.

3. Additional Equipment : Trucks must be equipped with all equipment required by law and Orange Police D epartment Policy 502 for tow trucks engaged in towing services.

4. Additional Requirements for Towing Service:

(a) Towing Service must have at least two regular duty trucks of one- ton capacity with rear dual wheels. One of the rigs must be a flatbed. Towing Service must also have one medium duty truck with a GVWR of 19,501 to 33,000 pounds. One heavy duty three - axle truck with a GVWR of at least 33,000 pounds is recommended but not required.

(b) Trucks must be equipped with red flares, lanterns or reflectors, hand tools, crow-bar, rope, broom, shovel, dustpan, fire extinguisher (the dry chemical type), portable red tail lights and stop lights for towed vehicles, equipment for opening locked vehicles, and safety snubber chain. Towing Service shall have at least one set of dollies readily available at all times, and one motorcycle sling.
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(c) Towing Service shall have one truck equipped with a winch of sufficient size and capacity to retrieve vehicles, which have gone over embankments, off roadways, or into other inaccessible locations, which is equipped with safety dogs or equivalent braking devices. The winch and cable must have the ability to reach three hundred (300) feet.

B. Standard Rules of Operation for OPTS Service

1. Requests for OPTS service response and the removal of traffic hazards may be made through the Police Department.

2. All City police officers are specifically prohibited from soliciting for or recommending any garage or tow service either directly or indirectly.

3. Towing Service shall not advertise or in any way publicize any official or other connection with the City, nor shall Towing Service advertise any address or telephone number of the City as a location to call for vehicle towing and storage service.

4. If more than one towing service company/garage is designated as an OPTS service, the system of calling for service shall be on a rotating basis as established by the Chief of Police.

5. If telephones are the means of communication for receipt of calls from the Police Department, Towing Service shall provide a list of telephone numbers to be called in order of priority, and immediately upon any change in such telephone numbers, or in the priority thereof, shall notify the City's Police Department in writing with effective the date of the change.

6. Any additions to or deletions from the tow truck fleet of Towing Service shall be immediately reported, in writing, to the Police Department.

7. Any change in operating locations of Towing Service shall be reported, in writing, to the City's Police Department at least thirty (30) days prior to such change.

8. Towing Service shall be staffed to ensure that there is an attendant on call , capable of responding to police requests for OPTS service as well as present or available for release of vehicles to the public twenty-four (24) hours a day, seven (7) days a week. Towing Service must be available during those hours specified and in the necessary numbers to operate the OPTS service equipment. If the Towing Service’s telephone is not answered before 10 rings, or if the line is busy when called by the Police Department, Towing Service will be by -passed and the next OPTS service provider in rotation shall be called.

9. If an Official Police Towing and Storage Service is unavailable, or in case of disaster or emergency, the City reserves the right to call other tow services with adequate capabilities, which are not under contract or agreement with the City. Determination of these conditions shall rest solely with the Police Department.

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10. After being dispatched by the Police Department to the scene, Towing Service shall cooperate with police officers in removing hazards and illegally parked vehicles as requested. It is the duty of the police officers to determine when such a vehicle should be impounded or moved and Towing Service shall abide by their decision.

11. Only tow trucks bearing the name of Towing Service shall be dispatched to the scene of need.

12. Towing Service shall conduct its business in an orderly, ethical, businesslike manner and use every means to obtain and keep the confidence of the motoring public.

13. Vehicles impounded by the Police Department for special investigation shall be held in maximum security until cleared by the investigating officers, at which time the owners shall be permitted a 48 -hour grace period at no charge in which to remove the veh icles from storage. Under no circumstances shall contents of vehicles with a "Police Hold" be removed.

14. Towing Service shall be responsible for the protection of police-impounded vehicles regardless of the location of storage until the vehicles have either been released to their owners or disposed of through legal process.

15. Towing Service shall be responsible for the acts of its employees while on duty and for damage to vehicles while in their possession.

16. Notwithstanding any provision or language that might indicate to the contrary, in responding to a call from the Police Department, Towing Service shall have no claim against the City for the cost of its service rendered, but shall look solely to the owner of the vehicle transported. No representation is made by the City that such person will be financially responsible.

17. All vehicles stored or impounded as a result of a "tow ordered by the Police Department" shall be made available to the owner of the vehicle or his /her representative, any insurance agent, insurance adjuster, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles stored or impounded with a "Police Hold."

18. Each Towing Service shall record its time in and its time out on every official assignment. Such records shall be made available and open to examination by the City.

19. The records of all vehicles impounded or stored at the direction of the City shall be available for inspection only to authorized employees or officials of the City of Orange.

20. Towing Service shall submit a monthly report to the designated Tow Officer, which shall include the following information:

(a) Total police impounds.

(b) Number of times dispatched by the Police Department.

(d) Number of calls answered in which time beyond one hour was required to handle.

21. The equipment and performance of Towing Service shall be subject to periodic review and/or inspection by the Chief of Police or his/her designee.

22. Towing Service trucks shall be equipped with two -way radio or telephone or other acceptable communications equipment. Citizen's Band Class D is not acceptable.

23. Towing Service storage lots shall be adequately fenced with gates locked and secured and reasonably well -lighted to maintain a maximum of security for stored and impounded vehicles. All storage lots shall meet the requirements as set forth in Department Policy 502.3 and will be inspected and approved by Police Department Crime Prevention and Traffic Personnel.

24. Adequate impound space shall be provided to accommodate vehicles held as evidence for the purposes of processing for physical evidence. Towing Service shall not enter, search, inventory, remove, photograph, copy, alter, clean, repair, move, or otherwise disturb any evidence vehicle or its contents except as expressly directed by Police Department.

(a) Impound space shall be protected by an enclosure consisting of four walls, a roof and a door with a locking device for the protection from the elements of weather and other forms of contamination.

(b) Protection shall also be provided to preclude evidence contamination by employees and other individuals during normal business hours.

25. Towing Service office and storage lots shall be located within the City limits.

26. Towing Service shall comply with the appropriate sections of the California Business and Professions Code with regard to unauthorized charges or repair work on the vehicle in its charge.

27. Towing Service shall, when disposing of unclaimed vehicles, abide by all California laws pertaining thereto.

28. All vehicles stored or impounded as a result of a "tow ordered by the Police Department" shall be towed directly to an OPTS storage lot unless the Police Department or other person legally in charge of the vehicle requests that it be taken to some other location.

4. Schedule of Rates

A. Towing Service agrees that the towing fees it charges for OPTS service shall be those sta ndard fees approved by the City as set forth in Exhibit “ B” or as they may be later amended. The City will keep a copy of this fee schedule on file in the Office of the Traffic Bureau. 52 7
Towing Service also agrees to post the schedule of fees at its place of business and to make copies of the schedule available for review, upon request, by City Police Department personnel or any person for who tow service is provided. The City reserves the right to modify the schedule of fees at any time.

B. Towing Service shall charge one-half the normal rate for any vehicle owned by the City and operated by a City employee or agent.

C. Towing Service shall charge one -half the normal rate for tow interruptions (i.e., vehicles released to owner or agent prior to removal, but after arrival of the tow company).

5. Insurance.

A. Towing Service shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Towing Service understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.

B. Towing Service shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) Two Million Dollars ($ 2,000,000) per occurrence , or One Million Dollars ($1,000,000) with a Two Million Dollar ($2,000,000) aggregate ; or (2) all the insurance coverage and/or limits carried by or available to Towing Service. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

C. Towing Service shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Towing Service. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

D. Towing Service shall maintain Garagekeepers Legal Liability coverage with limits of not less than Five Hundred Thousand Dollars ($500,000) per occurrence covering all vehicles in its care, custody, or control, including police-impounded vehicles.

E. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Towing Service under this Agreement.

A policy endorsement to that effect shall be provided to City along with the certificate of insurance.

In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 5.A and 5.B, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement. Such coverage shall be primary and noncontributory with respect to any insurance maintained by City and shall apply before any insurance or self - insurance maintained by City.

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F. Towing Service shall provide the City with a certificate of insurance setting forth the above referenced minimum insurance coverage prior to performing any towing services pursuant to this Agreement. Towing Service shall provide written notice to City within five (5) business days after receiving notice from its insurer of cancellation, nonrenewal, or material reduction in coverage.

G. Towing Service agrees to submit to the City a certificate of Workers' Compensation Insurance to cover its employees as required pursuant to the provisions of Divisions 4 and 5 of the California Labor Code. Towing Service also agrees to use only those subcontractors who are also covered by Workers' Compensation Insurance pursuant to the provisions of Division 4 and 5 of the California Labor Code.

H. Towing Service shall be responsible for any damage to persons or property arising in connection with the performance of services rendered pursuant to this Agreement.

I. Towing Service hereby waives all rights of subrogation against City, its officers, officials, employees, agents, and volunteers arising out of or relating to the performance of this Agreement. Towing Service shall require its insurers to endorse all applic able policies to reflect this waiver of subrogation.

6. Indemnification. Towing Service shall defend (with counsel reasonably acceptable to City), indemnify, and hold harmless City and its officers, officials, employees, agents, and volunteers from and against any and all claims, demands, actions, damages, liabilities, losses, judgments, fines, penalties, costs, and expenses, including without limitation attorneys’ fees and costs of litigation, arising out of or relating to the acts, errors, omissions, operations, or performance of Towing Service, its officers, employees, agents, subcontractors, or anyone acting on its behalf under this Agreement, except to the extent caused by the sole active negligence or willful misconduct of City. This indemnification obligation shall apply regardless of whether or not such claim is covered b y insurance and shall not be limited by the insurance requirements contained in this Agreement. The obligations set forth in this Section shall survive the expiration or termination of this Agreement.

7. Term. Except as otherwise provided herein, this Agreement shall remain in effect for a period of three years unless terminated by the City as provided herein. This Agreement may be reviewed at the conclusion of the initial three-year term and extended for up to two (2) additional years by mutual written agreement of all parties.

8. Termination.

A. This Agreement may be terminated by the City upon the occurrence of any one or more of the following events:

1. Failure of Towing Service to comply with any of the provisions of this Agreement.

2. Repeated and/or flagrant violations of the Vehicle Code by Towing Service.

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3. Failure of Towing Service to maintain clean, orderly, and secure storage facilities.

4. Failure of Towing Service to obtain and maintain a valid City business license.

5. Commission, by the owner or operator of Towing Service, of any unlawful, false, fraudulent, deceptive or dangerous act while conducting its towing operation business.

6. Removal by Towing Service, prior to police arrival, of a vehicle involved in a collision where, as a result of such collision, a person suffered death or injury; or where the driver of one of the vehicles involved in the collision, or any of the passengers of a vehicle involved in the collision, was under the influence of an intoxicant of any nature; or where there is evidence that the vehicle to be towed was involved in a hit-and-run collision.

7. Insurance coverage as required herein has either been withdrawn or lapsed or is not in force for any reason.

8. Dissolution of business or bankruptcy.

9. Assignment of this Agreement, or any right or interest stated therein, without the prior written consent of the City.

10. Substantial or recurring deviation from the City's approved schedule of rates.

11. Failure of Towing Service to maintain satisfactory service to the public or for failure to keep any towing vehicle in a safe condition and good repair.

12. Failure to comply with any requirement of Or ange Police Department Policy 502.

B. Termination of this Agreement by City shall be effective upon written notice by City to Towing Service at the address provided herein.

C. Upon termination of this Agreement by City, Towing Service shall no longer have the right to engage in OPTS service for the City's Police Department for a period of time determined by the Chief of Police.

D. In addition to and not in lieu of termination, the Chief of Police or designee may issue written warnings, require corrective action, remove individual tow trucks from service, suspend individual drivers from participating in OPTS service, suspend Towing Service from the rotation list for a specified period of time, or take such other administrative action as the Chief of Police or designee deems appropriate for violations of this Agreement, Department Policy 502, or applicable law.

The Chief of Police or designee may also immediately suspend Towing Service from the rotation list pending investigation of any violation of this Agreement, Department Policy 502, loss 55 10
of required insurance, criminal conduct, public safety concern, evidence handling issue, or other conduct determined by the Chief of Police or designee to present a risk to the City, the Police Department, or the public. Such suspension shall remain in eff ect until the City determines otherwise.

9. Maintenance and Inspection of Records . In accordance with generally accepted accounting principles, Towing Service shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. City and its authorized re presentatives shall have access to and the right to audit and reproduce any of Towing Service’s records regarding the services provided under this Agreement. Towing Service shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Towing Service agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

10. Compliance with all Laws/Immigration Laws. Towing Service shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement, including immigration laws.

11. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Towing Service agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

12. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated.

13. Notices. Any notices required or permitted under this Agreement shall be in writing and shall be delivered personally or sent by U.S. Mail, first class postage prepaid, return receipt requested, addressed as follows:

To City: City of Orange
Attn: Chief of Police
1107 N. Batavia
Orange, CA 92867

To Towing Service: Archie’s Towing
Attn: Raffi Keuilian
745 N. Hariton St.

Orange, CA 92868

14. Successors and Assigns. This Agreement, or any part thereof, may not be assigned by a party without the express written consent of the other party. If consent is so granted, all obligations and covenants made under this Agreement shall bind and inure to the benefit of any success ors 56 11
and assigns of the respective parties, whether or not expressly assumed by such successors or assigns. Any attempted assignment or delegation in derogation of this section shall be void.

15. Waiver of Breach. If a party waives enforcement or fails to act promptly to enforce any provision of this Agreement upon any event of breach by the other party, such waiver shall not automatically extend to any continuation of the breach or to any other or future events of breach.

16. Amendment. No modification, amendment, addition to, deletion, or alteration of the terms of this Agreement, whether written or verbal, shall be valid unless made in writing and formally approved and executed by all parties.

17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

[Remainder of page intentionally left blank; signatures on next page]

57 12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above.

“TOWING SERVICE” “CITY”

ARCHIE’S TOWING, a California corporation CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Nathalie Adourian, City Attorney

*NOTE: City requires the following signature(s) on behalf of the Towing Service:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.

√

58 li
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above.
*TOWING SERVICE'2 "CITY''
CITY OF ORANGE, a municipal corporation
DanielR. Slater, Mayor
By:
+tffisr,
*NOTE:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Nathalie Adourian, City Attorney
City requires the following signature(s) on behalf of the Towing Service:
(1) the Chairman of the Board, the President or a Vice-President, {[p (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, pleme so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate reqolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.
*By:

Prin
t2
59 EXHIBIT “A”

POLICE DEPARTMENT POLICY 502

TOW COMPANY GUIDELINES AND ROTATION TOW LISTING

[Behind this sheet]

60 Policy
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502.1 PURPOSE
The purpose of this policy is to establish guidelines, standards and requirements for tow companies contracting with the OPD. The purpose of this policy and the Tow Service Agreement is as follows:
(a) To ensure that members of the motoring public are protected from unethical or unfair business practices by City of Orange contracted tow companies, (b) To provide police tow companies with an equitable system for the distribution of calls, (c) To provide police tow companies with clear and concise requirements and standards, (d) To ensure consistency in the interpretation, administration and enforcement of the Tow Service Agreement,
(e) To provide a fair and equitable means to resolve disputes between police tow companies and the Orange Police Department.

NOTE: This policy makes reference to the Tow Service Agreement. The Tow Service Agreement should be referenced for specific language.
502.1.1 POLICY
(a) Whenever the driver or owner of a vehicle, through the police department, requests a particular club, association or tow service to care for his vehicle, the garage or tow service requested shall be called if that tow service can respond in a reasonable amount of time. If a vehicle is a hazard in the roadway then a rotational tow service may be called to remove the vehicle from the roadway, at the driver's expense. All other requests for police tow services made by police department personnel will be considered a rotation call.
(b) Whenever a driver does not request a particular garage or tow service, a police tow service shall be called in order from a rotation list. The Communications Center of the OPD shall maintain the rotation list. When more than one vehicle is to be towed from an accident scene, the first towing service on rotation shall have preference to service all vehicles at the accident scene. If they cannot handle the service for all vehicles, the next tow service on the rotation list shall be called. (c) A call to a police tow service shall constitute one turn on the list and the police tow service shall be moved to the bottom of the list. This includes when the company fails to answer the phone, is unable to respond or is canceled due to excessive response time. If it is determined that tow service is not needed and is canceled by OPD, up to and including arrival at the scene, there shall be no charges and the tow service will be placed back on top of the list.
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1. If the tow service is canceled by the owner or driver of a vehicle, prior to the police towing service taking possession of the vehicle, there shall be no charges for towing. The tow service shall immediately notify the OPD Communications Center and advise them of the cancellation. The tow service will then be placed back on the top of the list.

2. If service, other than towing, has begun and is canceled by the driver or owner of a vehicle, charges owed shall be no more than one-half of the regular towing charge. No lien shall arise from the service unless the tow service has presented a written statement to the vehicle's owner, or their agent, for the signed authorization of services to be performed.
(a) The tow service shall not attempt to take possession of the vehicle in order to establish a lien for any non-towing services performed, or begun, and subsequently canceled.
(d) The rotation list shall be used when an officer stores or impounds a vehicle. (e) All OPD employees are prohibited from directly or indirectly soliciting services for, or recommending, any tow service. Exception: In the event that a big rig tow is requested then a rotational tow service, who maintains such a vehicle, may be called out of rotation.
(f) All officers storing or impounding a vehicle shall complete a CHP Form 180 and shall give a copy to the tow driver prior to the vehicle being towed from the scene. (g) Officers authorizing the storage/impounding of a vehicle shall notify the driver or owner of the vehicle (if present) where it is being stored.
502.2 TOWING SERVICES
(a) All tow services shall equip and maintain their tow trucks in accordance with the provisions set forth in the California Vehicle Code, Title 13 or the California Code of Regulations and the specifications contained in this policy and the Tow Service Agreement.
(b) The tow service shall provide a business office (billing site) for contract administration purposes and the release of vehicles. This office shall be located within the city limits of Orange and shall be staffed by either the contractor or a person who has the authority to conduct business and make decisions on behalf of the contractor during the hours of 8:00 am to 5:00 pm, Monday through Friday (excluding holidays). (c) Tow operators shall comply with the California Vehicle Code in reporting the storage of vehicles over 30 days. The police department shall be furnished a copy of all reports required by the Department of Justice. The copy of said report may be delivered to the police department by regular mail, or in person, to the attention of an OPD Traffic Bureau Tow Truck Administrator.
(d) The tow service shall provide 24-hour, 7-day-a-week towing service within the city limits of the City of Orange.
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(e) Contracted police tow companies must arrive at the scene within 20 minutes of being called by OPD personnel, except for big rigs whose maximum response time is 45 minutes.
(f) Towing service is required to have direct two-way communications or an FCC license for a master control dispatching radio. The radio shall be manned at all times. (g) Telephone lines must be sufficient to receive police calls. If the telephone is not answered before ten rings, or if the line is busy, the tow service being called will be bypassed and the next tow service in rotation will be called. Telephone answering services are not allowed, unless all after-hour calls are answered directly by a night dispatcher without a transferring intermediate.
(h) The towing service shall possess a valid City of Orange Business License. (i) Pursuant to the Orange Municipal Code, all tow drivers shall obtain a driver's permit.

Tow drivers shall wear the permit in plain view during all service calls within the limits of the City of Orange.
(j) Since contract tow companies are indirectly associated with the OPD, each contract tow company shall be required to furnish their tow drivers with a distinctive company uniform. Each uniform shall have the firm name, as well as the tow drivers name or I.D. number in a conspicuous place. A detachable nameplate may be worn in place of the embroidered name. No wording, designs, photos, gestures or anything else that could be considered offensive or obscene to the general public shall be displayed on any part of the uniform. Each driver shall have sufficient uniforms so as to maintain a neat, well-groomed and professional appearance at all times. All drivers shall be in uniform before any towing or service operation for the City of Orange begins. (k) A towing service shall not respond to an OPD call assigned to another tow service unless requested to do so by the police department.

1. A tow service that comes upon a scene may be requested by an officer to move a vehicle to a safe location or remove debris on the roadway. There will be no charge for this service and the tow rotation will not be affected.

2. Nothing in this section is intended to prevent an assigned contract tow service from requesting assistance when needed at a scene. Assistance shall be limited to specialized equipment not readily available to the contract tow service and only after the contract tow service has arrived and evaluated the scene. In no way does this section allow a contract tow service to send another tow service in its place.
(l) The towing service shall advise OPD at the time of notification, if they are either unable to respond, or unable to meet the maximum response time. If, after accepting the call, the towing service is unable to respond or will be delayed in responding, the towing service shall immediately notify the police department's Communication Bureau. The towing service will then be moved to the end of the rotation list. At no time will a contract tow service assign an Orange Police Department request for service to another tow service.
(m) No vehicle stored/impounded at the direction of the OPD shall be released without written approval from the police department (OPD Form A-2 shall be used). 63 Orange Police Department
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(n) No vehicle shall be moved or towed where an immobilization device has been affixed by OPD personnel.
502.3 STORAGE SECURITY RESPONSIBILITY
Tow services must provide adequate secure storage for vehicles and property. Minimum standards shall consist of the following:
(a) Open area storage - The perimeter wall or fence of the storage/impound lot shall be at least 6' high and be made of block, wrought iron or chain link. There shall be a minimum of three strands of barbed wire or razor ribbon around entire fenced area.

It shall be installed in such a manner so as to discourage access over the top of the fence or wall. The maximum gap between the bottom of the fence/gate and pavement/ ground is 6". The bottom of the fence should be reinforced with 9 gauge or larger wire to discourage access underneath. All doors or gates entering the lot shall be equipped with a locking mechanism or device. Fencing and locking specifications and design shall meet approval of the Planning Department, OPD Crime Prevention Bureau and the City Design Review Board.
(b) Inside enclosure - Shall consist of four walls, a roof, and a door with a locking device for protection from the elements and other forms of contamination. The bottom edge of the enclosed structure shall not be more than 2" above the finished parking surface of the enclosed area. This space must be adequate to contain two full-sized passenger vehicles. If the tow service utilizes a portion of an indoor garage for inside storage, the space designated for the storage of police impounds shall be secured from the public. (c) Prior to the utilization of a new storage facility that was not listed on the application for rotation tow listing; the towing service shall obtain the approval of the Chief of Police or his/her designee and furnish the new address 15 days in advance for inspection. (d) There shall be adequate lighting to illuminate the entire storage/impound lot, as well as all structures thereon. Outside lighting shall be inspected and receive approval by an OPD Crime Prevention Specialist.
(e) Adequate open storage space shall be provided to accommodate stored, impounded and disabled vehicles resulting from police calls for tow services. The minimum capacity of such a lot shall be 100 vehicles.

1. All stored/impounded and disabled vehicles must, as soon as possible from the time of pickup, be put into a fenced and secured storage lot and remain inside a storage lot until released or otherwise disposed of.
(f) All vehicles impounded for the California Vehicle Code (missing or altered VIN numbers), shall be placed in an area of the impound lot that will allow for the vehicle to be inspected by police personnel. This requirement is necessary for the first ten days of the impound.
(g) When a vehicle is impounded, the tow service will place the word "Hold" or other similar notation on the windshield of the vehicle along with the date of impound and tow drivers I.D. number.

1. The responsibility for determining and placing the word "Hold," or other similar notation on the windshield of the vehicle, will be that of the tow truck driver at 64 Orange Police Department
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the time he places the vehicle in storage. The tow truck driver's signature on the CHP Form 180 acknowledges the type of storage or impound marked by the officer.
(h) Any damage to the wall and/or fence structures that compromises security shall be repaired within 24 hours to insure proper protection for stored vehicles. (i) The tow service shall be held responsible for all vehicles, personal property and vehicle accessories stored within its storage facility. The City of Orange, its officers, agents and employees shall be relieved of all responsibility. It is the responsibility of the driver to confirm the accuracy of damage and property listed on the CHP Form 180 prior to signing it.
(j) The tow service shall notify the OPD prior to the removal of property from an impounded vehicle and place a receipt in the impounded vehicle. The requirement to notify the police department, prior to the removal of property, may be waived by the Chief of Police or his/her designee if it is determined that proper safeguards and procedures are utilized by the tow service.

1. This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation. In this case, no property will be moved, tampered with, or removed from the vehicle.

2. The tow service shall release personal property from an impounded vehicle at the request of the vehicle owner or their agent. If such a release is made, the tow service shall notify the police department.
(a) Personal property is considered to be items that are not affixed to the vehicle.
(k) All stored/impounded vehicles shall be stored and released from the tow company's billing site.
(l) The tow company will release the vehicle to the owner or their agent, without charge, whenever a vehicle is impounded as evidence under the California Vehicle Code and the owner is determined not liable for the towing and storage charges per the California Vehicle Code. In these instances, which will be determined by the police department, the tow company will bill the City of Orange.
(m) If the police department mistakenly impounds or stores a vehicle, or fails to properly notify the owner, the vehicle will be released to the owner at no charge with the approval of the police department. The tow service will bill the Orange Police Department for 50% of the storage and tow fees. The Orange Police Department will determine if the vehicle was stored/impounded improperly. (n) Vehicles that are a hazard to public health and safety, as described in the California Vehicle Code, shall not be released, towed or pushed onto a public street without the express permission of the on-duty watch commander at the OPD. Vehicles with registration expired over six months in violation of the California Vehicle Code, shall not be released, placed upon a public street or towed unless on a flatbed truck. If the vehicle is a hazard and is to be placed on private property by the tow service, at the request of the vehicle owner, the tow service must first obtain written permission from the property owner.
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(o) If, upon release, a vehicle is found to be disabled due to a dead battery, flat tire or other minor mechanical malfunction, the owner of the vehicle shall have the option of having another tow company move the vehicle. At the owner's request, the police tow provider may provide tow service and charge the normal applicable fees. At no time, shall the police tow service charge additional storage fees if another tow service is requested to take the vehicle and the vehicle is removed on the day of release. 502.4 TOW TRUCK CLASSIFICATIONS
All equipment specifications for every class of tow truck listed within this section of the manual can be found in the OPD form entitled, "Tow Service Agreement Equipment Specifications." All service, safety and equipment requirements for every class of tow truck listed within this section of the manual can be found in the OPD form entitled, "Tow Truck Inspection Guide." There shall be no deviations.
(a) Class A - light duty tow:

1. The tow service shall maintain a minimum of two tow trucks with a manufacturer's gross vehicle weight rating (GVWR) of 10,000 to 19,500 pounds, with wheel lift capability and may have a car carrier,

2. A tow service that has a car carrier may be exempted from the wheel lift capability requirements; however, the car carriers must be additional units to the company's wheel lift tow trucks,

3. Since Class A tow trucks (light duty conventional wheel lifts) handle approximately 90% of the towing and service calls on our highways, this class of truck must be better equipped than Class B, C or D tow trucks,

4. Each Class A tow truck shall be equipped, at a minimum, with the following (as well as the items listed on Attachment A & B),
(a) Wheel lift towing equipment with a minimum lift rating of 3,000 pounds. All tow equipment shall include proper safety straps,
(b) Boom with a minimum static rating of 5,000 pounds,
(c) Winch cable - 8,000 pound rating on the first layer of cable, (d) Winch cable - 100', 3/8-inch diameter, with a working limit of 3,500 pounds, (e) Towing slings rated at 3,000 pounds minimum,
(f) Tow chains 5/16" alloy or OEM specs., J/T Hook Assembly, (g) Amber warning lights with front and rear directional flashing capability with an on/off switch in cab (Required on all tow trucks - Amber light bar preferred. Light bar must be affixed to top of cab or securely mounted 66 Orange Police Department
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above cab, where it can be clearly seen in all directions - must comply with height requirements),
(h) Power outlets (hot boxes), front and rear mounted, with outlets compatible to 12-volt booster cables with minimum 25' cables,
(i) Heavy duty, 60+ AMP battery,
(j) Suitable cab lighting,
(k) Trailer hitch capable of housing a 1 7/8" ball and 2" ball, (l) One (1) 1 7/8" ball and one (1) 2" ball,
(m) Rear work lights,
(n) Safety chain D-Ring or eyelet mounted on rear of truck.

5. The tow truck driver shall be required to complete a pre-operation inspection of their tow truck, as well as inventory the required equipment prior to the start of each shift. An inspection/inventory sheet shall be completed prior to the start of each shift. The sheets must be kept on file at the tow company's office and available for inspection by OPD employees, upon request. Any item missing or safety equipment violation must be replaced/repaired prior to the start of the shift. It shall be the tow company's responsibility to make sure the inspection is performed and completed,

6. Note: this section is required for all classes of tow trucks. (b) Class B - medium duty, Class C - heavy duty and Class D - super heavy duty:
(a) The tow service shall maintain at least one tow truck with a manufacturer's gross vehicle weight rating (GVWR) of 19,501 to 33,000 pounds. The truck shall be capable of providing air to the towed vehicle.
(a) The tow service may also have a car carrier; however, the car carrier must be an additional unit.
(c) Class C - heavy duty:

1. The tow service may maintain at least one, three axle tow truck with a manufacturer's gross vehicle weight rating (GVWR) of at least 33,000 pounds.

The truck shall be equipped with air brakes and must be capable of providing air to the towed vehicle,

2. The tow service shall enroll all three axle tow trucks in the California Highway Patrol's Bi-annual Inspection of Terminals (BIT) Program and shall comply with all BIT requirements.
(d) Class D - super heavy duty:
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1. The tow service may maintain at least one three-axle tow truck with a manufacturer's gross vehicle weight rating (GVWR) of at least 50,000 pounds.

The truck shall be equipped with air brakes and must be capable of providing air to the towed vehicle,

2. The tow service shall enroll all three axle tow trucks in the California Highway Patrol's Bi-annual Inspection of Terminals (BIT) Program and shall comply with all BIT requirements,

3. To properly and safely tow and service the wide variety of vehicles being operated on the highway, a towing procedure may require the use of auxiliary equipment specifically designed for the purpose. This auxiliary equipment should be used when recommended. A listing of service and auxiliary equipment for each classification can be found in the OPD form entitled, "Tow Service Agreement Equipment Specifications."
(e) Identification labels and vehicle markings.

1. Each piece of towing equipment shall have a label or I.D. tag permanently affixed to the equipment in a prominent location to identify the manufacturer's serial number, model and rated capacity. Manufacturer's specification pamphlets may serve in lieu of rating plates if the rating plates are illegible or damaged. It is the tow company's responsibility to provide the police department with this information and a copy of same shall be kept in a safe place in the cab of the tow truck.

2. All controls to operate the tow truck shall be clearly marked to indicate proper operation as well as any special warnings or cautions.

3. All tow trucks under city contract, shall clearly display in contrasting colors, the name of the tow company, address, phone number, truck number and the words "Official Police Tow," on both sides of the vehicle. The tow service shall be required to keep all markings, title and logos clean and in readable condition.

4. Assigned truck numbers shall be placed on both sides of the tow truck. The numbers shall be placed above the midpoint in height on the vehicle and shall be of 2" minimum height.

5. If a tow service terminates its agreement with the city, or is terminated, the tow service shall remove all descriptions from equipment showing any affiliation with the City of Orange and or the OPD.
502.4.1 TOWING OF OVERWEIGHT, OVERSIZE VEHICLES, EQUIPMENT - PERMIT REQUIRED PER THE CURRENT O.M.C.
(a) It is unlawful for any person, firm, association or corporation to move or operate upon any highway in the City of Orange, any vehicle, combination of vehicles, mobile 68 Orange Police Department
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equipment or load which weighs or measures in excess of the weight, width, height or length permitted by Division 15 of the California Vehicle Code, unless an application has been filed with and a permit issued by the Director of Public Works for the City of Orange.
(b) Tow trucks - Disabled legal vehicles or legal combination of vehicles may be towed on city highways to the nearest appropriate place of repair, or to the nearest secure storage area that is appropriate for the vehicle or load, whichever is closest and most accessible. It is not the intent of this section to allow these vehicles to be towed to their ultimate destination for convenience, unless that destination meets the above criteria. (c) Disabled legal vehicles or combination of vehicles, when connected to a tow truck may exceed legal gross weight (refer to the California Vehicle Code). When one end of a truck or truck tractor of legal weight is elevated by a tow truck, the drive axles of the tow truck and/or the drive axle or axles of the disabled vehicle may exceed legal axle or axle group weight limitations. If any axle or axle group exceeds legal weight, movement is limited to the approved city truck routes or a route approved by the City of Orange Traffic Engineer.
(d) Towing permit loads and/or vehicles - Disabled vehicle or combination of vehicle whose movement is authorized by a transportation permit or any disabled vehicle or combination of vehicle which because of damage has incurred distortion in width or height thereby causing an excess in legal dimensions may only be moved at the direction of a peace officer or an extra legal load permit issued by the City of Orange Department of Public Works.

1. Note: All tow companies are required to purchase an annual transportation permit from the Department of Public Works, and shall send a copy of same to the OPD for filing within ten days after receipt of permit. All conditions of the permits must be followed.
(e) Possession of permit - The permit shall be carried in the vehicle to which it refers at all times while the vehicle is being moved within the highway limits and shall be open to inspection by Orange Police Department personnel, any California Vehicle Safety Alliance Officer, authorized agent of the City of Orange, or any other officer or employee charged with the care and protection of such highways per refer to the California Vehicle Code.
502.4.2 TOW TRUCK DRIVERS
(a) The tow service shall ensure that only qualified and competent tow drivers respond to calls initiated by the OPD. Tow truck drivers shall be sufficiently experienced in the tasks of tow truck operations and proficient with all required equipment to provide safe and proper service. All tow truck operators must be capable of demonstrating their tow operating abilities upon request of any peace officer. Additionally, the drivers will be required to exercise good, sound judgment in carrying out their duties. Any driver found working without being properly trained and qualified will be prohibited from further duty and the tow services contract may be terminated immediately. Tow truck drivers shall be at least 18 years-old and possess the following minimum class driver's license:
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1. Class A tow trucks - a valid Class C (3) license or a valid Class A (1) license with a valid medical certificate,

2. Class B tow trucks - a valid Class A (1) license with a valid medical certificate,

3. Class C tow trucks - a valid Class A (1) license with a valid medical certificate,

4. Class D tow trucks - a valid Class A (1) license with a valid medical certificate. (b) The Class A (1) license must be endorsed to allow operation of special vehicle configuration and/or special cargoes. Tow truck drivers shall have the proper class of license and endorsement(s) for vehicle and cargo being transported as shown below:

1. VEHICLE TYPE OF CARGO - Pulling more than one trailer, (a) Class License - A
(b) Endorsement Code - T

2. VEHICLE TYPE OF CARGO - Transporting passenger for hire, (a) Class License - A or B
(b) Endorsement Code - P

3. VEHICLE TYPE OF CARGO - Tank vehicle,
(a) Class License - A or B
(b) Endorsement Code - N

4. VEHICLE TYPE OF CARGO - Hazardous materials,
(a) Class License - A, B, or C
(b) Endorsement Code - H

5. VEHICLE TYPE OF CARGO - Tank vehicle with hazardous materials. (a) Class License - A, B, or C
(b) Endorsement Code - X
(c) Whenever tank vehicles, double trailers and hazardous materials carriers are towed or driven, the driver needs to possess the appropriate class of license and endorsement. (d) Empty buses can be towed without the passenger transport endorsement, but the tow truck driver must have the passenger transport endorsement if they drive the bus, even without passengers.
(e) Tow truck drivers may obtain a Class A driver's license which is restricted to towing other vehicles.
(a) The actual driving of damaged vehicles or vehicles being serviced requires that the Class A license not be restricted to towing vehicles. (f) In order to obtain an unrestricted Class A license, the applicant must pass the driving test in a conventional type Class A vehicle (tractor, and semi-trailer, truck and trailer, etc.).
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(g) Commercial vehicle operators or operators of vehicles requiring a special certificate must possess both the appropriate license and certificate and be in possession of a valid medical card.
(h) The towing service and its drivers shall, at all times, keep itself fully informed and comply with all existing and future federal, state, and local laws and ordinances applicable to the towing service.
(i) The tow service shall maintain a current list of drivers and shall furnish a copy of same to the OPD on, or before, the 10th day of each month. This list shall contain current information on owner(s) and drivers. They will furnish residence address, city, zip code, and phone numbers, date of birth, driver's license number, unit number, tow operator's permit number, date of permit, date of hire, date of current list and any other personnel information that may be requested by the police department.

This information shall be supplied on a Towing Service Personnel Report (OPD Form T-77). A tow company representative must sign this form. False and/or misleading information is cause for termination. The list shall be legible and mailed to the police department, not faxed.
(j) Drivers having a poor driving record and who remain in the employment of the towing service as drivers, when said towing service has knowledge of that driving or should have known, will constitute grounds for suspension or termination of the towing service from the rotation list. This includes drivers leasing equipment of said tow companies. (a) A driving record reflecting more than three citations involving moving violations of the California Vehicle Code within the preceding two years constitutes a poor driving record.
(b) A driving record reflecting two convictions for driving while under the influence of intoxicating liquor or narcotic/drugs or both, or one conviction for driving under the influence of an intoxicating liquor or narcotic / drugs or both, while operating a tow truck, within the preceding two years constitutes a poor driving record. (c) The OPD maintains strict drug and alcohol policies. Any tow truck driver found working under the influence of drugs or alcohol will be dismissed immediately or arrested.
(k) The tow service will maintain a minimum of one driver on-duty at all times. In addition, at least one driver will be on stand-by at all times.
(l) Operators of tow trucks shall be photographed, fingerprinted and a background investigation check conducted by the OPD. The tow driver shall obtain an operator's permit from the Business License Division of the Finance Department, in accordance with the current Orange Municipal Code. This permit shall be carried at all times while engaged in tow service operations, and shall be presented upon demand of police personnel or a citizen whose vehicle is being serviced or towed. (m) Tow drivers shall not enter into a closed roadway or closed accident/crime scene (i.e. cones, flares, barricades, crime scene tape or vehicles blocking roadway) until directed to do so by police personnel at the scene.
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502.4.3 GENERAL SPECIFICATIONS
(a) Equipment limitations:

1. All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected. (b) Towing limitations:

1. The criteria to determine the safe towing limits for a truck are, (a) The total weight of the truck, including the lifted load, must fall within the Manufacturer's Gross Vehicle Weight Rating (GVWR) and not exceed either the Front or Rear Axle Weight Ratings (FAWR, RAWR), (b) The truck must meet all applicable state and/or federal standards, (c) For proper steering and braking, the front axle load must be at least 50% of its normal or unladen weight after the load is lifted. (c) Recovery equipment rating:
(a) The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30-degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). (a) The structural design of the recovery equipment must have a higher load capacity than the performance rating(s).
(b) Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAEJ706. (c) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction and rating as specified by the Original Equipment Manufacturer (OEM) for the equipment.
(d) Safety chains:

1. Safety chains shall be rated at no less than the rating specified by the OEM. (e) All tow trucks shall display signs on both sides containing the tow company name, one business address and telephone number. The signs shall be permanently affixed and in compliance with the requirements of refer to the California Vehicle Code. 502.5 RATES
(a) Fees charged for response calls originating from the Orange Police Department shall be reasonable. The fees charged will be contained in the City of Orange Tow Service Agreement.
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(b) The schedule of rates charged by the tow service shall be available in the tow truck and shall be presented upon demand to person(s) for whom the tow services were provided, or their agent, or any OPD officer at the scene. (c) The rate for towing shall be computed from portal to portal from the place of business.

The time expended for towing shall be charged at a rate not to exceed the hourly rate.

There shall be no additional charges for mileage, labor, etcetera. However, vehicles being towed out of the city may be charged additional fees (refer to the Tow Service Agreement). The customer will be charged a specified amount per mile from scene of pick-up to destination. Any secondary towing requested by the customer may be negotiated by the tow service in accordance with their private business practices.

However, the tow service or their tow truck driver shall inform the customer if there is any difference in the rate for the secondary tow service and provide a general verbal estimate of what the final cost will be.
(d) When a tow service responds to a police rotation call, whether or not the truck used is of the necessary class or greater to fulfill the duties as requested, the tow service shall only be compensated at the rate established for the lowest class of truck necessary to fulfill the duties required and not at the rate for the truck used to complete same. (e) Charges for the towing and storage of combination vehicles is considered excessive when one tow truck tows a truck tractor and a set of semi trailers, and the owner or their agent is charged for three separate tows. This is considered one tow. If a tow truck is sent to the scene of an overturned tractor/trailer rig and another tow truck is needed for clean-up and recovery operations, the tow service will be allowed to collect fees for the additional tow truck at the hourly rate for the class of tow truck and shall be billed in 15 minute increments. If three tow trucks are used (i.e. one tow for the truck tractor and one each for the semi trailers), the tow service will be allowed to collect fees for three separate tows.

1. Charges for storage shall be based on the overall length of the combination of vehicles.
502.5.1 FEES FOR SPECIAL OPERATIONS
(a) For special operations involving Class B, C, or D tow trucks, the tow service shall submit to the Orange Police Department the proposed fees for vehicle recovery operations and load salvage operations. Fees shall be reasonable and not in excess of those rates charged for similar services provided in response to requests initiated by any other public agency or private person. Charges in excess of one hour shall be charged in 15-minute increments.
(b) Hourly rates shall be established for the following:

1. Auxiliary equipment (i.e. air bags, converter gear/dolly, additional trailers, etc.),

2. Contracted equipment (i.e. air bags, converter gear/dolly additional trailers, forklifts, scoop loaders, etc.),

3. Hourly rates for contract labor:
(a) Personnel in excess of one driver per tow truck,
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(b) Driver of customer vehicle (in lieu of towing this vehicle). (c) The police department shall approve the fees for these types of operations based upon prevailing rates for like services performed by other tow services within the county. (d) The tow service shall not participate in any special operations at the request of the police department unless their rates for special operations have been approved by the police department.
(a) A "vehicle recovery operation" is an operation involving the process of up-righting an overturned vehicle which would require the use of auxiliary equipment, due to size or location of the vehicle. This will normally be limited to operations requiring a Class B, C, or D tow truck.
(b) A "load salvage operation" is any operation involving the recovery of a load which has been spilled, or the off-loading and reloading of a load from an overturned vehicle performed in order to up-right the vehicle. This will be limited to operations involving a Class B, C, or D tow truck.
(e) The total fees charged for after normal business hours (commonly known as a gate fee) release shall be at a flat rate as specified in the Tow Service Agreement, and shall only be allowed if there is no person on-duty at the storage facility for release and a call-back is required.
(a) An employee on-duty as a dispatcher or security guard shall be exempt as long as they are performing only their primary job duties.
(b) For the purposes of this policy, "normal business hours" shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays. 502.5.2 STORAGE FEES
(a) Storage fees shall be approved by the Orange Police Department based upon prevailing rates charged by other tow companies for like services within the county. (b) The tow service shall display, in plain view at all cashiers stations, a sign as described in the California Civil Code, disclosing all storage fees and charges in force, including the maximum storage rate.
(c) Vehicles stored 24 hours or less shall be charged for no more than one day storage.

Thereafter, each day of storage shall be calculated by calendar day. (d) The tow service or any employee, shall accept a valid bank credit card or cash, at the customer's discretion, for payment of towing and/or storage. 502.5.3 FINANCIAL RECORDS
(a) No contracted tow service or applicant shall be directly involved in the towing related business of any other contracted tow service or applicant within the City of Orange.

Directly involved shall mean anything in common between contracted tow companies or applicants with regard to any of the following:
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1. Business licenses,

2. Insurance,

3. Tow truck or equipment ownership,

4. Employees.
(b) Storage facilities owned by a towing service, and shared with another towing service, shall only be approved if the owner/operator charges for the space exclusively on a flat monthly rate rather than a vehicle-by-vehicle basis, or combination thereof. (c) The sale or transfer of controlling interest in a company may terminate the agreement with the City of Orange without cause. Should termination occur, the new owner(s) may apply for rotation tow listing at the discretion of the city, at the beginning of a new contract.
502.5.4 BUSINESS RECORDS
(a) The tow service shall maintain records of tow services furnished related to the execution of the tow service agreement, including a description of vehicles, nature of service, dates and times, location of calls, total itemized costs of towing and storage, and driver's name. The OPD may inspect all tow company records, without notice, during normal business hours. If requested by a tow service, the police department will furnish them with the computer-generated activity on the Police Rotation Tow List.

All requests must be reasonable.

1. Records shall be maintained and available for inspection for a period of two years plus the current term of the City Agreement.
(b) The tow service shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable Public Utilities Commission (PUC) operating authorities, local operating authorities, Federal Communications Commission (FCC) licensing and non-Orange Police Department requested tows. 502.5.5 INSPECTIONS
(a) Tow Trucks:

1. Physical inspection indicates that the applicant's tow vehicles comply with all equipment and/or safety requirements of the California Vehicle Code, this policy and the Tow Service Agreement,

2. Such inspection is to be conducted by the department's commercial enforcement officer, a Traffic Bureau supervisor, or his/her designee, on an annual basis.

The California Highway Patrol may do this inspection. If so done, the inspection sheet will be forwarded to the Traffic Bureau for their files. If done by department personnel, the Tow Truck Inspection Guide shall be used. Tow trucks found in violation of the Vehicle Code shall be repaired immediately and shall not return to service until approved by the department's commercial enforcement officer, a Traffic Bureau supervisor, or his/her designee.
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(b) Tow Facility:

1. The OPD reserves the right to inspect tow service facilities and/or its equipment at any time. Inspections will, at a minimum, be conducted annually. However, inspections shall be conducted when the city contract expires and the tow service wishes to renew its agreement with the city. A formal report shall be filed on OPD Form T-75,

2. Other city departments, county, state, and federal agencies may be called to assist with any inspection.
(c) If any deficiencies and/or equipment violations are discovered, the tow service will be so advised in writing. The tow service will be given seven calendar days to rectify the deficiency and/or violation. This applies to all facilities or equipment, other than tow trucks, found in violation of the California Vehicle Code and damage to the fence or wall structures as previously noted in the current policy manual.. (d) Failure to comply with the above requirements shall result in the tow service being suspended from the police department rotation list until the deficiency and/or violation is corrected.
(e) Refusal to allow any inspection relating to tow trucks, equipment, administrative/billing site, storage facilities or business records, shall be cause for immediate suspension. 502.5.6 REMOVAL AND DISPOSAL OF DEBRIS
On traffic collision calls, each tow service shall clean-up and remove all debris from the collision as required by police personnel at the scene. No vehicle shall be moved, nor shall any debris be swept or picked-up, until the investigating officer or a supervisor has given approval to do so.

Once removed, all debris shall be disposed of in a proper manner. In no event shall debris be deposited in the wrecked vehicles, left on the street or on the sidewalk. (a) Each tow truck that is approved for police towing shall have two metal trashcans with tightly secured or locking lids. One can will be used for trash and debris and the other shall contain sand or absorbent. Each can shall not have a capacity of less than 5- gallons.
(b) Hazardous material spills and related debris shall be handled by the Orange Fire Department. Minor oil, diesel and fuel spills will continue to be handled by the tow drivers. All state and federal EPA Guidelines shall be followed. 502.6 COMPLIANCE WITH LAW
(a) The contractor and their tow truck drivers shall comply with federal, state and local laws and ordinances, which include, but are not limited to, the requirements included in this order.
(b) Any felony conviction of the contractor or any actions by the contractor that would reflect unfavorably upon the OPD shall be cause for denial of an application or termination of the Tow Service Agreement.
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(c) Any felony conviction of an employee or any actions by the employee that would reflect unfavorably upon the Orange Police Department shall be cause for the removal of the employee from the list of current OPD rotation tow truck drivers.

1. Any contractor or employee charged with a felony crime shall be placed on administrative leave until the case is adjudicated.
502.6.1 COMPLIANCE WITH AGREEMENT AND DEPARTMENTAL ORDER (a) The contractor must agree, as a condition of inclusion on the rotation tow list, to comply with the terms and conditions of this policy and the Tow Service Agreement.

Furthermore, the contractor must agree that failure by the contractor or their agents to comply with these terms and conditions shall be cause for a written reprimand, suspension or termination. Orange Police Department personnel will investigate alleged violations of this policy or the Tow Service Agreement. (b) In order to remain on the rotation tow list, each contractor shall sign a copy of this policy indicating they have received a copy and have read and understood the rules, regulations and requirements.

1. Said copy shall be placed in the contractor's tow file, in the Traffic Bureau of the OPD.
502.6.2 DISCIPLINARY ACTIONS
(a) Complaint investigation:

1. The tow company liaison supervisor or his/her designee shall investigate and document all complaints against rotation tow contractors made by the public, OPD employees and allied agencies.
(a) The required documentation should include the following information:

1. The identities of the tow service and/or tow driver(s), the complainant and any witnesses,

2. A brief summary of the nature of the complaint,

3. A listing of all pertinent facts,

4. A listing of the conclusions reached as a result of the investigation. (b) The tow service shall be notified of the findings within 30 calendar days following completion of the complaint investigation.
(c) If, during the course of an investigation, the contractor severs its relationship with the OPD, the investigation of the complaint will continue until completed.

1. The report and findings will be retained for five years. (d) All records concerning violations of the agreement shall be retained for a period of five years from the date of the violation.
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(b) Disciplinary action:

1. Disciplinary action for violations of this policy, the Tow Service Agreement, or any federal, state or local ordinances may result in a written reprimand, suspension or removal.
(c) Demerit point system:

1. The tow company liaison supervisor or Tow Review Board may apply administrative sanctions depending on the type of offense and or misconduct.

Sanctions shall remain on the contractor's record for the life of the current contract.
(d) The following demerit point schedule shall be used when applying administrative sanctions.

1. Criminal - misdemeanors
(a) Each Violation = 50 demerit points

2. Vehicle Code - misdemeanors
(a) Each Violation = 50 demerit points

3. Vehicle Code - misdemeanor equipment violations
(a) Each Violation = 10 demerit points

4. Vehicle Code - infraction
(a) Each Violation = 5 demerit points

5. Vehicle Code - critical item equipment violations
(a) The following equipment violations are subject to ten (10) demerit points per violation:

1. Any steering components worn or defective,

2. Brake lights not working on tow truck or drag lights, when towing a vehicle,

3. No low-air warning device on the air brake system,

4. Brake lines or hoses that are worn or defective,

5. Brakes out of adjustment by 20% or more,

6. Defects in the frame of the vehicle or in the tow bed of the vehicle,

7. Any cracks in wheel rims,

8. Worn or defective winch cable,

9. Overhead warning lights missing or defective,

10. Parking brake system defective or not adequate for load or grade,

11. Winch not properly secured to vehicle (cracks in welds or loose bolts),
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12. Wheel lift assembly defective,

13. Bed safety locks worn, damaged or missing,

14. Safety chains worn or damaged,

15. Front tires worn less than 2/32 of tread,

16. Air loss (unapplied) 2 PSI per minute for three vehicles or more in combination,

17. Air loss (applied) 3 PSI per minute single vehicle, 4 PSI per minute for combination of two vehicles, or 6 PSI per minute for three vehicles or more in combination.

6. Criminal felonies - administrative leave until case is adjudicated. (a) If the case results in a conviction, the contractor will immediately be released from the contract.

7. Public service - citizen complaints (sustained)
(a) 25 demerit points per violation

8. Administrative infractions (refer to the policy manual regarding Tow Company Guidelines and Rotation Tow Listing, and the Tow Service Agreement) (a) 15 demerit points per violation
(e) The tow service liaison supervisor or Tow Board shall have the authority to increase demerit points based upon the severity of the circumstances or frequency of similar violations.
(f) Demerit points shall be removed from the tow company's records after one year from date of violation.
(g) Suspension schedule

1. 100 demerit points = 30 days suspension

2. 150 demerit points = 60 days suspension

3. 200 demerit points = Removal from rotation list
(a) Once removed, the tow service will not be allowed to reapply for the rotation tow list for a period of five years from the date of removal. (h) A violation of overcharging shall be cause for immediate suspension. The Chief of Police or his/her designee shall determine the period of the suspension. The suspension will remain in effect until the period of suspension is completed and the tow service presents proof that reimbursement has been made to the aggrieved customer(s).
(i) A violation of the Bi-annual Inspection of Terminals (BIT) Program requirements shall be cause for immediate suspension. The Chief of Police or his/her designee shall determine the period of the suspension. The suspension will remain in effect until the period of suspension is completed and the tow service presents proof of compliance with the BIT requirements.
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(j) Failure of the tow service to reimburse the vehicle or property owner for damage or loss that occurred while the vehicle was in their possession shall result in a suspension.

The Chief of Police or his/her designee shall determine the period of suspension. The suspension will remain in effect until the period of suspension is completed and the tow service has presented proof of reimbursement.
(k) Nothing herein shall be deemed to prohibit the police department from immediately suspending any tow operator/contractor whose conduct, or conduct of their employee(s), is deemed to be a danger to the motoring public, or who has engaged in conduct constituting a gross violation of this policy and/or the City Tow Service Agreement.
(l) Any violation of this policy by a tow driver or towing service shall be documented on OPD Form T-76 and forwarded to the Traffic Bureau for administrative follow-up. The public shall be given OPD Form T-79 for citizen complaints. (m) When a formal complaint is filed with the OPD, the tow company liaison supervisor or his/her designee shall, within ten working days, mail, fax or deliver to the affected tow service a copy of OPD Form T-76 or T-79, or a letter informing the owner(s) of the complaint(s).
(n) The tow service shall respond to the complaint(s) in writing within ten working days upon notification of a complaint. Any and all documents related to the complaint(s) shall be submitted with the tow company's formal response letter. (a) EXCEPTION: No documents or notice shall be mailed, faxed or delivered if it is determined that notification will impede or interfere with a police investigation. (o) After careful review of the tow service response by the Traffic Bureau sergeant, the police department shall notify the tow service in writing of any proposed disciplinary action. The tow service may request, in writing to the Chief of Police and within seven calendar days of the receipt of the notification, a review by the Towing Review Board. (p) The police department shall schedule the review meeting as soon as practicable and in no case beyond seven days from the request for a review. (q) If the tow service (operator/contractor) fails to request a review or fails to attend a scheduled review meeting, the proposed sanction(s) will take effect immediately, or as scheduled.
502.6.3 TOWING REVIEW BOARD
(a) The City of Orange Towing Review Board has been created and empowered to examine misconduct or offenses by contract tow providers.

1. The Board shall consist of a Traffic Bureau lieutenant, a Traffic Bureau sergeant and City of Orange purchasing officer or his/her designee. The investigator may be included, if requested by the Traffic Bureau lieutenant.

2. If legal counsel represents the tow service, the towing service shall inform the Board (OPD or General Services) in writing at least five working days prior to 80 Orange Police Department
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their scheduled hearing. The City Attorney's Office shall be notified and may represent the city during the review process.
(b) The following shall apply to the conduct of the review meeting:

1. The review is an informal administrative hearing,

2. The reviewing officer should tape record the review meeting and provide a copy of the tape recording to the tow operator or their attorney upon request, (a) Appropriate fees may be charged for the copy of the tape recording. (b) The appellant may tape record the review.

3. The appellant may present testimony of related experts, tow truck association representatives, or other qualified persons,
(a) Witnesses shall limit their testimony to the facts of the case being heard.

4. The appellant may present evidence on their behalf,
(a) This evidence must relate directly to the facts being considered.

5. The reviewing officer should utilize the department's investigative report of the case being heard rather than the direct testimony of the department's witnesses,

6. After reviewing the case, the Board shall either sustain, not sustain or unfound the allegation(s) charged,

7. Based on its findings, the Board may concur with the disciplinary action recommended by the Tow Company Liaison Supervisor or may increase or decrease the penalty, or reinstate to the police rotation tow list,

8. The Board's decision shall be presented to the Chief of Police or his/her designee for review. The Chief of Police or his/her designee may concur with the Board's findings, modify the recommended sanctions, or take any other reasonable action necessary to protect the public and uphold the integrity and professional image of the City of Orange and the OPD,

9. The police department shall notify the tow service, in writing, of its decision within seven calendar days of the date of the hearing.
81 EXHIBIT “B”

FEE SCHEDULE

[Behind this sheet]

82 ORANGE POLICE DEPARTMENT

FEE SCHEDULE FOR CONTRACTED TOW COMPANIES
Effective 7/1/26

TOWS FEES

Emergency Tow with driver Lt. Duty $300.00 Flat Rate Med. Duty $350.00 Flat Rate
Heavy Duty $500.00 Flat Rate

Service Call – Motorist Assist only $100.00 Flat Rate (i.e. flat tire, lock out, gas, jump start)

OPD request to scene with hookup and no ½ of Tow Flat Rate tow (including evidence tows)

OPD request to scene with no hookup or tow Replaced to top of list

When TOWING SERVICE responds to a police rotation call, whether or not the truck is used is of the necessary class or greater to fulfill the duties as requested, TOWING SERVICE shall be compensated at the rate established for the lowest class of truck necessary to fulfill the duties required and not at the rate for the truck used to complete same.

GATE FEES
Normal business hours of 8:00am to 5:00pm No Charge Monday through Friday

Weekends and National Holidays; 5:00pm to 8:00am Gate Fee of $100.00 (charged once)

LIEN SALE FEES (California Vehicle Code 9800-9803)

TOWING SERVICE may impose lien sale proceedings and related fees on vehicles taken into their custody in accordance with the California Vehicle Code and the California Evidence Code.

83 ORANGE POLICE DEPARTMENT

FEE SCHEDULE FOR CONTRACTED TOW COMPANIES
Effective 7/1/26
Continued

SERVICES FEES

Standby Time/Extended Service Lt. Duty $300.00 / hour* (not tow driver’s fault) Med. Duty $350.00 / hour* Heavy Duty $500.00 / hour*

* to be billed after first hour in 15 minute increments

Towing Vehicles out of town Hourly rate to be Scene of pickup to destination charged in 15 minute Increments

STORAGE FEES

Standard Vehicle (SUV’s Included) or Motorcycle $70.00 / day

Trucks (over 26,000 GVWR), trailers (over 10,000 GVWR), boats and RV’s: $80.00 / day

Storage and tow charges $1.00 / day storage

Pursuant to the OPTS, the Police Department reserves the right to modify the schedule of fees at any time. The fee schedule has been modified to be effective 7/1/26.

84 OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT

THIS AGREEMENT is entered into this _____ day of _______ _____ 2026, by and between the CITY OF ORANGE, a municipal corporation ("City"), and SOUTHSIDE TOWING, a California corporation ("Towing Service").

RECITALS

C. Official Police Towing and Storage Services ("OPTS") means a towing company selected by the City to be used on-call and on a rotating basis for any police situation where a tow truck is required.

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants, and conditions contained herein the parties hereto agree as follows:

AGREEMENT

1. OPTS Designation; Independent Contractor.

A. City hereby designates Towing Service as an OPTS service provider for the City's Police Department.

B. Towing Service acknowledges that participation in the OPTS rotation list is a revocable privilege granted by the City. Nothing in this Agreement shall be construed to create any property right, vested right, entitlement, expectancy, guaranteed volume of work, or continued 85 2
participation in the OPTS rotation list. The City reserves the right to modify, suspend, or terminate Towing Service's participation in the OPTS rotation list in accordance with this Agreement.

D. At all times during the term of this Agreement, Towing Service shall be an independent contractor and not an employee of City. City shall have the right to control Towing Service only insofar as the result of the services rendered pursuant to this Agreement. City shall not have the right to control the means by which Towing Service accomplishes services rendered pursuant to this Agreement. Towing Service shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Towing Service shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Towing Service acknowledges that it and any subcontractors, agents or employees employed by it shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long -term disability or workers' compensation insurance benefits.

2. OPTS Service Provider Obligations . Towing Service agrees to comply with the following OPTS service provider terms and conditions:

D. Towing Service shall not release any vehicles impounded by the City’s Police Department without a release signed by the City’s Police Department.

86 3
F. All personal property located within impounded vehicles shall be surrendered to the property owner upon request after obtaining a property release form from the Police Department and upon presentation of proper identification unless the vehicle is to be h eld for evidence.

H. Towing Service shall furnish to the City by the tenth (10 th) day of each month during the term of this Agreement a list of i ts currently employed drivers. All drivers responding to Police Department calls shall possess a valid California driver's license appropriate for the vehicle operated and shall not have been convicted within the preceding five (5) years of any felony, vehicle theft offense, fraud offense, or crime involving moral turpitude.

3. Standards for OPTS Service Provider . Towing Service agrees to comply with the following OPTS service provider standards:

A. Equipment

1. Company Information: Towing Service name, address and phone number shall be displayed on both sides of the tow truck in letters no t less than two and one -half (2-1/2) inches in height.

3. Additional Equipment : Trucks must be equipped with all equipment required by law and Orange Police D epartment Policy 502 for tow trucks engaged in towing services.

4. Additional Requirements for Towing Service:

B. Standard Rules of Operation for OPTS Service

1. Requests for OPTS service response and the removal of traffic hazards may be made through the Police Department.

2. All City police officers are specifically prohibited from soliciting for or recommending any garage or tow service either directly or indirectly.

4. If more than one towing service company/garage is designated as an OPTS service, the system of calling for service shall be on a rotating basis as established by the Chief of Police.

6. Any additions to or deletions from the tow truck fleet of Towing Service shall be immediately reported, in writing, to the Police Department.

7. Any change in operating locations of Towing Service shall be reported, in writing, to the City's Police Department at least thirty (30) days prior to such change.

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11. Only tow trucks bearing the name of Towing Service shall be dispatched to the scene of need.

12. Towing Service shall conduct its business in an orderly, ethical, businesslike manner and use every means to obtain and keep the confidence of the motoring public.

15. Towing Service shall be responsible for the acts of its employees while on duty and for damage to vehicles while in their possession.

18. Each Towing Service shall record its time in and its time out on every official assignment. Such records shall be made available and open to examination by the City.

19. The records of all vehicles impounded or stored at the direction of the City shall be available for inspection only to authorized employees or officials of the City of Orange.

20. Towing Service shall submit a monthly report to the designated Tow Officer, which shall include the following information:

(a) Total police impounds.

(b) Number of times dispatched by the Police Department.

(d) Number of calls answered in which time beyond one hour was required to handle.

21. The equipment and performance of Towing Service shall be subject to periodic review and/or inspection by the Chief of Police or his/her designee.

22. Towing Service trucks shall be equipped with two -way radio or telephone or other acceptable communications equipment. Citizen's Band Class D is not acceptable.

(b) Protection shall also be provided to preclude evidence contamination by employees and other individuals during normal business hours.

25. Towing Service office and storage lots shall be located within the City limits.

26. Towing Service shall comply with the appropriate sections of the California Business and Professions Code with regard to unauthorized charges or repair work on the vehicle in its charge.

27. Towing Service shall, when disposing of unclaimed vehicles, abide by all California laws pertaining thereto.

4. Schedule of Rates.

A. Towing Service agrees that the towing fees it charges for OPTS service shall be those sta ndard fees approved by the City as set forth in Exhibit “ B” or as they may be later amended. The City will keep a copy of this fee schedule on file in the Office of the Traffic Bureau. 90 7
Towing Service also agrees to post the schedule of fees at its place of business and to make copies of the schedule available for review, upon request, by City Police Department personnel or any person for who tow service is provided. The City reserves the right to modify the schedule of fees at any time.

B. Towing Service shall charge one-half the normal rate for any vehicle owned by the City and operated by a City employee or agent.

C. Towing Service shall charge one -half the normal rate for tow interruptions (i.e., vehicles released to owner or agent prior to removal, but after arrival of the tow company).

5. Insurance.

A policy endorsement to that effect shall be provided to City along with the certificate of insurance.

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F. Towing Service shall provide the City with a certificate of insurance setting forth the above referenced minimum insurance coverage prior to performing any towing services pursuant to this Agreement. Towing Service shall provide written notice to City within five (5) business days after receiving notice from its insurer of cancellation, nonrenewal, or material reduction in coverage.

H. Towing Service shall be responsible for any damage to persons or property arising in connection with the performance of services rendered pursuant to this Agreement.

8. Termination.

A. This Agreement may be terminated by the City upon the occurrence of any one or more of the following events:

1. Failure of Towing Service to comply with any of the provisions of this Agreement.

2. Repeated and/or flagrant violations of the Vehicle Code by Towing Service.

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3. Failure of Towing Service to maintain clean, orderly, and secure storage facilities.

4. Failure of Towing Service to obtain and maintain a valid City business license.

5. Commission, by the owner or operator of Towing Service, of any unlawful, false, fraudulent, deceptive or dangerous act while conducting its towing operation business.

7. Insurance coverage as required herein has either been withdrawn or lapsed or is not in force for any reason.

8. Dissolution of business or bankruptcy.

9. Assignment of this Agreement, or any right or interest stated therein, without the prior written consent of the City.

10. Substantial or recurring deviation from the City's approved schedule of rates.

11. Failure of Towing Service to maintain satisfactory service to the public or for failure to keep any towing vehicle in a safe condition and good repair.

12. Failure to comply with any requirement of Or ange Police Department Policy 502.

B. Termination of this Agreement by City shall be effective upon written notice by City to Towing Service at the address provided herein.

D. In addition to and not in lieu of termination, the Chief of Police or designee may issue written warnings, require corrective action, remove individual tow trucks from service, suspend individual drivers from participating in OPTS service, suspend Towing S ervice from the rotation list for a specified period of time, or take such other administrative action as the Chief of Police or designee deems appropriate for violations of this Agreement, Department Policy 502, or applicable law.

The Chief of Police or designee may also immediately suspend Towing Service from the rotation list pending investigation of any violation of this Agreement, Department Policy 502, loss 93 10
of required insurance, criminal conduct, public safety concern, evidence handling issue, or other conduct determined by the Chief of Police or designee to present a risk to the City, the Police Department, or the public. Such suspension shall remain in eff ect until the City determines otherwise.

To City: City of Orange
Attn: Chief of Police
1107 N. Batavia
Orange, CA 92867

To Towing Service: Southside Towing
Attn: Bahaeddin Hassan
572 N. Batavia St.

Orange, CA 92868

14. Successors and Assigns. This Agreement, or any part thereof, may not be assigned by a party without the express written consent of the other party. If consent is so granted, all obligations and covenants made under this Agreement shall bind and inure to the benefit of any success ors 94 11
and assigns of the respective parties, whether or not expressly assumed by such successors or assigns. Any attempted assignment or delegation in derogation of this section shall be void.

[Remainder of page intentionally left blank; signatures on next page]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above.

“TOWING SERVICE” “CITY”

SOUTHSIDE TOWING, a California corporation CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Nathalie Adourian, City Attorney

√

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EXHIBIT “A”

POLICE DEPARTMENT POLICY 502

TOW COMPANY GUIDELINES AND ROTATION TOW LISTING

[Behind this sheet]

98 Policy
502
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NOTE: This policy makes reference to the Tow Service Agreement. The Tow Service Agreement should be referenced for specific language.
502.1.1 POLICY
(a) Whenever the driver or owner of a vehicle, through the police department, requests a particular club, association or tow service to care for his vehicle, the garage or tow service requested shall be called if that tow service can respond in a reasonable amount of time. If a vehicle is a hazard in the roadway then a rotational tow service may be called to remove the vehicle from the roadway, at the driver's expense. All other requests for police tow services made by police department personnel will be considered a rotation call.
(b) Whenever a driver does not request a particular garage or tow service, a police tow service shall be called in order from a rotation list. The Communications Center of the OPD shall maintain the rotation list. When more than one vehicle is to be towed from an accident scene, the first towing service on rotation shall have preference to service all vehicles at the accident scene. If they cannot handle the service for all vehicles, the next tow service on the rotation list shall be called. (c) A call to a police tow service shall constitute one turn on the list and the police tow service shall be moved to the bottom of the list. This includes when the company fails to answer the phone, is unable to respond or is canceled due to excessive response time. If it is determined that tow service is not needed and is canceled by OPD, up to and including arrival at the scene, there shall be no charges and the tow service will be placed back on top of the list.
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2. If service, other than towing, has begun and is canceled by the driver or owner of a vehicle, charges owed shall be no more than one-half of the regular towing charge. No lien shall arise from the service unless the tow service has presented a written statement to the vehicle's owner, or their agent, for the signed authorization of services to be performed.
(a) The tow service shall not attempt to take possession of the vehicle in order to establish a lien for any non-towing services performed, or begun, and subsequently canceled.
(d) The rotation list shall be used when an officer stores or impounds a vehicle. (e) All OPD employees are prohibited from directly or indirectly soliciting services for, or recommending, any tow service. Exception: In the event that a big rig tow is requested then a rotational tow service, who maintains such a vehicle, may be called out of rotation.
(f) All officers storing or impounding a vehicle shall complete a CHP Form 180 and shall give a copy to the tow driver prior to the vehicle being towed from the scene. (g) Officers authorizing the storage/impounding of a vehicle shall notify the driver or owner of the vehicle (if present) where it is being stored.
502.2 TOWING SERVICES
(a) All tow services shall equip and maintain their tow trucks in accordance with the provisions set forth in the California Vehicle Code, Title 13 or the California Code of Regulations and the specifications contained in this policy and the Tow Service Agreement.
(b) The tow service shall provide a business office (billing site) for contract administration purposes and the release of vehicles. This office shall be located within the city limits of Orange and shall be staffed by either the contractor or a person who has the authority to conduct business and make decisions on behalf of the contractor during the hours of 8:00 am to 5:00 pm, Monday through Friday (excluding holidays). (c) Tow operators shall comply with the California Vehicle Code in reporting the storage of vehicles over 30 days. The police department shall be furnished a copy of all reports required by the Department of Justice. The copy of said report may be delivered to the police department by regular mail, or in person, to the attention of an OPD Traffic Bureau Tow Truck Administrator.
(d) The tow service shall provide 24-hour, 7-day-a-week towing service within the city limits of the City of Orange.
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2. Nothing in this section is intended to prevent an assigned contract tow service from requesting assistance when needed at a scene. Assistance shall be limited to specialized equipment not readily available to the contract tow service and only after the contract tow service has arrived and evaluated the scene. In no way does this section allow a contract tow service to send another tow service in its place.
(l) The towing service shall advise OPD at the time of notification, if they are either unable to respond, or unable to meet the maximum response time. If, after accepting the call, the towing service is unable to respond or will be delayed in responding, the towing service shall immediately notify the police department's Communication Bureau. The towing service will then be moved to the end of the rotation list. At no time will a contract tow service assign an Orange Police Department request for service to another tow service.
(m) No vehicle stored/impounded at the direction of the OPD shall be released without written approval from the police department (OPD Form A-2 shall be used). 101
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1. The responsibility for determining and placing the word "Hold," or other similar notation on the windshield of the vehicle, will be that of the tow truck driver at 102
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1. This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation. In this case, no property will be moved, tampered with, or removed from the vehicle.

2. The tow service shall release personal property from an impounded vehicle at the request of the vehicle owner or their agent. If such a release is made, the tow service shall notify the police department.
(a) Personal property is considered to be items that are not affixed to the vehicle.
(k) All stored/impounded vehicles shall be stored and released from the tow company's billing site.
(l) The tow company will release the vehicle to the owner or their agent, without charge, whenever a vehicle is impounded as evidence under the California Vehicle Code and the owner is determined not liable for the towing and storage charges per the California Vehicle Code. In these instances, which will be determined by the police department, the tow company will bill the City of Orange.
(m) If the police department mistakenly impounds or stores a vehicle, or fails to properly notify the owner, the vehicle will be released to the owner at no charge with the approval of the police department. The tow service will bill the Orange Police Department for 50% of the storage and tow fees. The Orange Police Department will determine if the vehicle was stored/impounded improperly. (n) Vehicles that are a hazard to public health and safety, as described in the California Vehicle Code, shall not be released, towed or pushed onto a public street without the express permission of the on-duty watch commander at the OPD. Vehicles with registration expired over six months in violation of the California Vehicle Code, shall not be released, placed upon a public street or towed unless on a flatbed truck. If the vehicle is a hazard and is to be placed on private property by the tow service, at the request of the vehicle owner, the tow service must first obtain written permission from the property owner.
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2. A tow service that has a car carrier may be exempted from the wheel lift capability requirements; however, the car carriers must be additional units to the company's wheel lift tow trucks,

4. Each Class A tow truck shall be equipped, at a minimum, with the following (as well as the items listed on Attachment A & B),
(a) Wheel lift towing equipment with a minimum lift rating of 3,000 pounds. All tow equipment shall include proper safety straps,
(b) Boom with a minimum static rating of 5,000 pounds,
(c) Winch cable - 8,000 pound rating on the first layer of cable, (d) Winch cable - 100', 3/8-inch diameter, with a working limit of 3,500 pounds, (e) Towing slings rated at 3,000 pounds minimum,
(f) Tow chains 5/16" alloy or OEM specs., J/T Hook Assembly, (g) Amber warning lights with front and rear directional flashing capability with an on/off switch in cab (Required on all tow trucks - Amber light bar preferred. Light bar must be affixed to top of cab or securely mounted 104
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1. The tow service may maintain at least one, three axle tow truck with a manufacturer's gross vehicle weight rating (GVWR) of at least 33,000 pounds.

The truck shall be equipped with air brakes and must be capable of providing air to the towed vehicle,

2. The tow service shall enroll all three axle tow trucks in the California Highway Patrol's Bi-annual Inspection of Terminals (BIT) Program and shall comply with all BIT requirements.
(d) Class D - super heavy duty:
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1. The tow service may maintain at least one three-axle tow truck with a manufacturer's gross vehicle weight rating (GVWR) of at least 50,000 pounds.

The truck shall be equipped with air brakes and must be capable of providing air to the towed vehicle,

2. The tow service shall enroll all three axle tow trucks in the California Highway Patrol's Bi-annual Inspection of Terminals (BIT) Program and shall comply with all BIT requirements,

2. All controls to operate the tow truck shall be clearly marked to indicate proper operation as well as any special warnings or cautions.

4. Assigned truck numbers shall be placed on both sides of the tow truck. The numbers shall be placed above the midpoint in height on the vehicle and shall be of 2" minimum height.

5. If a tow service terminates its agreement with the city, or is terminated, the tow service shall remove all descriptions from equipment showing any affiliation with the City of Orange and or the OPD.
502.4.1 TOWING OF OVERWEIGHT, OVERSIZE VEHICLES, EQUIPMENT - PERMIT REQUIRED PER THE CURRENT O.M.C.
(a) It is unlawful for any person, firm, association or corporation to move or operate upon any highway in the City of Orange, any vehicle, combination of vehicles, mobile 106
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1. Note: All tow companies are required to purchase an annual transportation permit from the Department of Public Works, and shall send a copy of same to the OPD for filing within ten days after receipt of permit. All conditions of the permits must be followed.
(e) Possession of permit - The permit shall be carried in the vehicle to which it refers at all times while the vehicle is being moved within the highway limits and shall be open to inspection by Orange Police Department personnel, any California Vehicle Safety Alliance Officer, authorized agent of the City of Orange, or any other officer or employee charged with the care and protection of such highways per refer to the California Vehicle Code.
502.4.2 TOW TRUCK DRIVERS
(a) The tow service shall ensure that only qualified and competent tow drivers respond to calls initiated by the OPD. Tow truck drivers shall be sufficiently experienced in the tasks of tow truck operations and proficient with all required equipment to provide safe and proper service. All tow truck operators must be capable of demonstrating their tow operating abilities upon request of any peace officer. Additionally, the drivers will be required to exercise good, sound judgment in carrying out their duties. Any driver found working without being properly trained and qualified will be prohibited from further duty and the tow services contract may be terminated immediately. Tow truck drivers shall be at least 18 years-old and possess the following minimum class driver's license:
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