Item No. 3
AGENDA REPORT
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Seryes/City Clerk Trevor Benson, Public Safety Manager i j
SUBJECT: Second Reading of Ordinance No. 456
RECOMMENDATION:
That the City Council approve the second reading of Ordinance No. 456, an Ordinance of the City Council of the City of Yucaipa, Califomia, adding Chapter 10.20 to Title 10 of the Yucaipa Municipal Code Regarding Vehicle Towing.
Attachment(s):
1. Ordinance No. 456
Approved by: r.�LG,w,1W(Cir
ATTACHMENT 1
ORDINANCE NO. 456
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING CHAPTER 10.20 TO TITLE 10 OF THE
YUCAIPA MUNICIPAL CODE REGARDING VEHICLE TOWING
WHEREAS, the City of Yucaipa needs the services of one or more privately -owned towing companies to aid in the enforcement of parking and traffic laws, to tow damaged or inoperable vehicles, and to transport and store vehicles subject to police investigations; and WHEREAS, establishing a rotational program will contribute to an efficient implementation of the City's towing ordinance, encourage a fair and equitable selection of towing providers, and ensure a high level of service; and
WHEREAS, this Ordinance is intended to ensure minimum standards for selecting towing providers, for the safe operation of those towing providers, and to maintain consistent procedures for city -initiated towing; and
WHEREAS, the City Council of the City of Yucaipa desires to establish such procedures to promote public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Municipal Code Amendment.
Chapter 10.20, "Vehicle Towing," is hereby added to Title 10 of the Yucaipa Municipal Code to read as follows:
Chapter 10.20 Vehicle Towing
10.20.010 Purpose
The purpose of this chapter is to establish towing regulations regarding non-consensual towing services initiated by the Yucaipa Police Department, or other authorized agents. This chapter is also intended to create a rotational tow program to promote the public health and safety by ensuring equitable and consistent standards for tow services.
10.20.020 Requirements for Towing
No person shall provide towing services for the City or its Police Department without first obtaining approval from the City's Planning Division, complying with the provisions of this chapter, and entering into a towing services agreement with the City. 4854-2746-4561.2
10.20.030 Rotation Program
If the City selects more than one towing provider, the City Manager (CM) or his/her designee shall develop a rotation program to manage the towing services. The CM or his/her designee may promulgate additional rules and specifications for the rotation program.
10.24.040 Selection of Towing Providers
A. Request for Qualifications. In order to select a towing provider, the City shall distribute a notice requesting qualifications to provide towing services. The City shall follow the procedures set forth in Section 2.24.150 of this Code to select one or more qualified towing company. In addition, the content of the request for qualifications shall be determined by the CM or his/her designee, and shall include at a minimum:
1. Specifications, terms, conditions, and performance standards for towing services; and
2. Procedure for evaluating proposals and selecting a towing provider.
B. By resolution, the city council shall award an agreement to a towing provider to whom the city council determines is the most qualified to provide towing services.
10.24.050 Requirements for Towing Providers
A. Towing Services Agreement. Towing providers must enter into a towing services agreement with the City in a form approved by the City Attorney within 30 calendar days after being selected. The towing service agreement shall be consistent with the provisions of this chapter and shall include, without limitation, at least the following provisions:
1. Minimum requirements and performance standards for tow vehicles and other equipment, vehicle storage facilities, tow drivers and other personnel, and non-consensual towing services.
2. A provision to defend, hold harmless and indemnify the City from any liability arising out of, pertaining to, or relating to acts or omissions of the towing provider in connection with the towing services agreement.
3. Minimum insurance requirements to the satisfaction of the Risk Manager.
4. Grounds for its suspension and termination. Notwithstanding any other provision of this Chapter or any towing services agreement, the City shall have the right to terminate any towing services agreement at any time and without cause by giving written notice before the effective date of such termination.
5. Maximum rates and charges.
10.24.060 Authority of City to maintain own towing services and facilities Nothing in this Chapter shall be construed to restrict or prohibit the City from conducting its own towing operations or maintaining its own towing storage yard, either in lieu of, or in addition to any towing providers selected by the City pursuant to this Chapter. 4854-2746-4561.2
10.20.070 Enforcement and Penalties
Any violation of this Chapter is unlawful and shall constitute a public nuisance. The City may abate such violations using any remedy provided by law or equity, including, but not limited to, the remedies contained in Chapter 1.12 of this code.
Section 2. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 3. CEQA.
The City Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) under the common sense exception that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as here, the activity is not subject to CEQA.
Section 4. Effective Date. This Ordinance shall be effective on the 31 st day following its adoption by the City Council.
Section 5. Publication and Posting. The Mayor shall sign this Ordinance, and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.
PASSED, APPROVED and ADOPTED this 9th day of June, 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham Pacifico
Director of General Services/City Clerk City Attorney
4854-2746-4561.2