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HomeMy WebLinkAboutORD 1407 ORDINANCE NO. 1407 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 100 OF THE BALDWIN PARK MUNICIPAL CODE OF THE OFFICIAL POLICE TOW TRUCK SERVICES FRANCHISE ORDINANCE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN: SECTION 1. That Section 100 of the Baldwin Park Municipal Code is hereby amended as follows: CHAPTER 100: OFFICIAL POLICE TOW TRUCK SERVICES Section General Provisions 100.010 Intent and purpose 100.020 Definitions 100.030 Franchise agreements 100.040 Franchise fee 100.050 Franchise fee reports Franchise Procedures and Conditions 100.090 Selection of franchisees 100.100 Franchise term and conditions 100.110 Uniform Tow fee rates 100.120 Business license required 100.130 Transfer or assignment of franchise Operating and Equipment Standards 100.200 Tow truck equipment requirements 100.210 Rules of operation 100.220 Response time 100.230 Rotation system 100.235 Non-discrimination 1 Cancellation, Revocation or Suspension of Franchise 100.250 Grounds for cancellation, revocation or suspension 100.260 Procedure for action against official police tow service 100.270 Liquidated damages GENERAL PROVISIONS § 100.010 INTENT AND PURPOSE. It is the intent of this chapter to prescribe the basic regulations for the operation of "Official Police Towing Services" in the City in responding to police emergency situations and in the removal of vehicles which are apparently abandoned, improperly parked or stopped on public property, or involved in an accident, or which constitute an obstruction to traffic because of mechanical failure. It is the intent of the City Council in enacting the ordinance codified in this chapter to provide a fair and impartial means of distributing requests for towing services among the best qualified towing firm or firms, and to insure that such service is prompt and reasonably priced, and in the best interest of the public as well as the interest of efficient policing operations for the removal from public streets of such vehicles. § 100.020 DEFINITIONS. For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ATTENDANT or OPERATOR. A trained and/or qualified individual responsible for the operation of a tow car,tow truck or vehicle storage facility. DIRECTOR OF FINANCE. The position which is charged with the administration of the financial affairs of the City. HOLD FOR EVIDENCE. A designation by the storing/impounding Police Department employee requesting a level of care above that generally accorded to stored or impounded vehicles. Within ten calendar days after the date of the tow, the Official Police Tow Service shall contact the handling Police Department employee for further instructions as to the handling and disposition of any vehicle designated as HOLD FOR EVIDENCE. IMPOUNDED VEHICLE. Any vehicle containing evidence of criminal activity, or which in and of itself provides evidence of a criminal act, that is removed from a site and taken to the tow yard at the direction of a Police Department employee and for which a vehicle report (currently, form CHP 180) is provided to the Official Police Tow Service. 2 OFFICIAL POLICE TOW SERVICE. A towing company having a franchise with the City to provide towing services to the City and/or Police Department. An Official Police Tow Service shall be used by the City and/or Police Department for any situation where a tow truck is required. STORED VEHICLE. Any vehicle removed from a site and taken to a tow yard at the direction of a Police Department employee, and for which a vehicle report (currently, form CHP 180) is provided to the Official Police Tow Service. TOW CAR or TOW TRUCK. A motor vehicle which has been altered or designed and equipped for, and exclusively used in the business of, towing vehicles by means of a crane, tow bar, tow line, flat bed, roll back, or dolly, or is otherwise exclusively used to render assistance to other vehicles. § 100.030 FRANCHISE AGREEMENTS. Tow truck operator or companies designated as an Official Police Tow Service, as defined in § 100.020, shall enter into a written franchise agreement with the City. Each franchise agreement shall contain eligibility requirements, operating regulations, and fee schedules as adopted by the City Council. Every Official Police Tow Service shall post in a conspicuous place in the interior of each tow truck operated by said Official Police Tow Service an approved rate schedule in a form and location approved by the Chief Executive Officer. § 100.040 FRANCHISE FEE. An Official Police Tow Service granted a franchise pursuant to the provisions of this chapter shall pay the City a franchise fee of twenty-five percent (25%) of the total gross revenue of an Official Police Tow Service derived from the tows assigned by the Police Department including storage of said vehicles. The franchise fee shall be payable monthly to the City during the term of the franchise. All terms and provisions for payment of the fee shall be clearly set forth in the franchise agreement as provided in § 100.030. § 100.050 FRANCHISE FEE REPORTS. (A) Annual income statement. Every Official Police Tow Service shall annually provide the City with an income statement of the Official Police Tow Service derived from the tows assigned by the City or Police Department. Such statements shall be in such substance and format as may be approved by the Director of Finance or his or her designee. (B) Monthly report. In addition to the annual income statement, each monthly franchise fee payment made by the Official Police Tow Service to the City shall be accompanied by a brief report showing the basis for calculating the monthly franchise fee and a written statement, signed under penalty of perjury by an officer of the Official Police Tow Service, which identifies in detail the number of official police tow services performed and sets forth the basis for exempting any such tow services from calculation of the franchise fee payment for such month. 3 The monthly report shall include the following: (1) Total police impounds; (2) Number of times dispatched by Police Department; (3) Number of these calls resulting in impounds; (4) Number of vehicles sold on lien sale under authority of Cal. Civil Code § 3072, and reporting said lien sales as per authority of Cal. Vehicle Code § 22705; (5) Number of vehicles sold under authority of Cal. Civil Code § 3073; (6) For individual sales,the DMV release of liability form; (7) For all bulk sales, the name of the salvage company or individual purchaser and the vehicle identification numbers of all vehicles sold; (8) Number of calls answered in which time beyond one hour was required to handle; (9) Any responses to City requests for tow services in excess of 30 minutes; and (10) Calculation of the average response time for official police tow services. FRANCHISE PROCEDURES AND CONDITIONS § 100.090 SELECTION OF FRANCHISEES. (A) At least 90 calendar days prior to the date an existing Official Police Tow Service franchise is due to expire, or whenever the Chief Executive Officer or his or her designee determines that the City has an established need for a new or additional tow truck operator to provide Official Police Tow Services to the City, the Chief Executive Officer or his or her designee shall request that the Department of Finance send out a notice of request for qualifications for a tow truck operator except where the performance of an existing Official Police Tow Service has been exemplary in which case the franchise shall be renewed by the City Council. The City Council by majority vote must make the determination of whether "the performance of an existing Official Police Tow Service has been exemplary." The City Council's decision regarding "exemplary" services is final and cannot be appealed. The request for qualifications shall be prepared by the Department of Finance and shall be approved by the Chief Executive Officer or his or her designee. Any proposals shall be reviewed by the Chief Executive Officer or his or her designee. The Chief Executive Officer or his or her designee shall select the most qualified proposal(s), if any, and the Baldwin Park Police Department shall conduct a background investigation on the operator and his/her employees, and Chief Executive Officer shall verify all information included in the proposal submitted to the City. 4 (B) Upon successful completion of the background investigation, the Chief Executive Officer or his or her designee shall recommend, in writing, to the City Council the award of a franchise based on the bidder's compliance with the objective criteria established by this chapter. In preparing requests for and evaluating proposals received by the City, the Department of Finance and the Chief Executive Officer or his or her designee shall comply with the procedures and criteria adopted by this chapter. (C) The City Council has the discretion to grant a franchise to a tow truck provider that does not meet each of the requirements set forth in this chapter, but only where it is determined that full and complete compliance shall be achieved within six months of the date the franchise is awarded. (D) For the purposes of this section, the City has an established need for a new or additional Official Police Tow Service if any of the following occurs: (1) An existing Official Police Tow Service's franchise is revoked in of 100.245 of this chapter; or accordance with the provisions § P , (2) The response times of all of the existing Official Police Tow Services fail to meet the average response time required by § 100.220 because of a demonstrable increase in the volume of official tows; or (3) The City annexes additional area and the Chief Executive Officer or his or her designee, in his/her sole discretion, determines that the increased area and population warrant additional Official Police Tow Services to adequately protect the public health, safety and welfare. (E) To be eligible for a franchise under this Chapter, a tow truck operator or company shall have a minimum of five years of verifiable experience performing law enforcement towing and storage and shall have paid all applicable City fees and business licenses during said period where said business was maintained in the City prior to the issuance of a franchise. §100.100 FRANCHISE TERM AND CONDITIONS. All Official Police Tow Services shall be subject to the terms and conditions specified in this chapter, as well as any terms or conditions specified in their respective franchise agreements. (A) Term. All Official Police Tow Service franchises granted pursuant to this chapter may be exclusive or non-exclusive and shall be for a term of four to ten years as specified by the City Council in any franchise agreement between the City and the Official Police Tow Service. (B) Number of franchises. No provisions of this chapter shall be deemed to require the restricting of the number of franchises awarded by the City to one or any other particular number, and no provision of this chapter shall be deemed to require the City Council to grant any franchise if the council determines that the grant of any such franchise is not in the best interest of the City and the public. § 100.110 UNIFORM TOW FEE RATES. 5 (A) Fee schedules. The City shall establish a uniform tow fee schedule to be used by all Official Police Tow Services. The uniform tow fee schedule will be determined by using the average tow fee allowed by the California Highway Patrol (the "CHP") for the Baldwin Park region, for those Official Police Tow Services with contracts with the CHP. Said rates shall be adjusted annually by the Chief Executive Officer unless an adjustment to rates is approved more frequently by the CHP. All Official Police Tow Services shall only charge the tow fee rates established pursuant to the foregoing procedure. (B) Fee disputes. Should there be any dispute between the Official Police Tow Service and a vehicle owner or property owner over rates, fees or charges imposed for services rendered under this chapter, such dispute shall be decided by the Chief Executive Officer or his or her designee, and the Official Police Tow Service shall make no demands upon the vehicle owner or property owner for a sum in excess of the amount determined to be reasonable by the Chief Executive Officer or his or her designee. The Chief Executive Officer or his or her designee may hold an administrative hearing on any such dispute, if any party to the dispute so requests. Such hearing shall be conducted in the same manner and according to the same rules set forth in § 100.260(D)(1)through(D)(3) of this chapter. § 100.120 BUSINESS LICENSE REQUIRED. Each Official Police Tow Service shall have and maintain a valid license to do business in the City at all times during the term of its franchise agreement. § 100.130 TRANSFER OR ASSIGNMENT OF FRANCHISE. (A) Prior written consent required. Any Official Police Tow Service shall not sell, transfer, lease, assign, sublet, mortgage, or dispose of, either in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the franchise or any rights or privileges granted therein, without obtaining the prior, written consent of the City Council. Any request to transfer or assign the franchise must be in writing and must be submitted to the City at least 120 days prior to the effective date of such sale, transfer, or assignment. (B) Recommendation to City council. Upon receipt of a written request to sell, transfer, lease, assign, sublet, mortgage, or otherwise dispose of an Official Police Tow Service franchise, the City's Chief Executive Officer shall investigate the proposed transferee or assignee and determine whether such proposed transferee or assignee is qualified to serve as an Official Police Tow Service operator pursuant to the criteria and requirements set forth in this chapter and contained in the franchise agreement, and shall make a recommendation to the City Council. (C) Change of control defined. The prohibition against the sale, transfer, lease, assignment, subletting, mortgage, or disposal of any interest in the franchise shall apply to any change in control of the Official Police Tow Service operator. The word CONTROL as used herein is not limited to a change in major stockholders or partners of the Official Police Tow Service, but also includes actual working control in whatever manner exercised. In the event that an Official Police Tow Service operator is a corporation, prior written consent of the City Council shall be required where ownership or control of more than 49% of the voting stock of the tow truck operator is acquired by a person or group of persons acting in concert, none of whom own or control the voting stock of the Official Police Tow Service operator, either 6 singularly or collectively, as of the effective date of the franchise. Provided, however, that nothing in this provision shall be construed to require the prior authorization of the City Council for any transfer of the franchise from an Official Police Tow Service operator to a wholly owned subsidiary. (D) Grounds for revocation of franchise. Any attempt to sell, transfer, lease, assign, sublet, mortgage, or otherwise dispose of an Official Police Tow Service franchise without the prior, written consent of the City Council shall be null and void and shall subject the offending Official Police Tow Service to cancellation, revocation or suspension of its franchise subject to the terms and procedures set forth in this chapter. OPERATING AND EQUIPMENT STANDARDS § 100.200 TOW TRUCK EQUIPMENT REQUIREMENTS. (A) Capabilities. Official Police Tow Services shall provide towing equipment capable of providing for the following services: (1) Recovery truck(s) with an adjustable boom with a minimum lifting capacity of at least five tons. (2) Wheel lift towing. (3) Roll back/flatbed towing. (4) Towing in parking garages. (5) Towing from off road areas. (6) Towing of large and oversized vehicles. (7) Towing of motorcycles without causing additional damage. (B) State requirements. All tow trucks shall be equipped as provided in the California Vehicle Code. (C) Minimum equipment available. Official Police Tow Services shall, at all times, have at least three fully equipped and operational tow trucks in service. All of the tow trucks in service must have a minimum capacity of one ton. At least one of the tow trucks in service must have a flatbed tow truck. At least one of the three tow trucks in service must have a five ton lifting capacity. (D) Unlocking vehicles. Every Official Police Tow Service shall be equipped for and have personnel proficient in unlocking locked vehicles, where feasible and practicable, and when requested to do so by authorized Police Department employees. § 100.210 RULES OF OPERATION. (A) Request for services. Official Police Tow Services shall provide towing service when: 7 (1) The owner or driver of a disabled vehicle is unable, or fails, to specify a garage or tow service; or (2) A disabled vehicle presents a hazard; or (3) An authorized Police Department employee requests a towing service for the purposes of storing or impounding a vehicle. (B) Business hours. Official Police Tow Service's business office shall be located within the storage yard and attended at all times for servicing the public and the City from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for the holidays of January 1, known as New Year's Day; third Monday in January, known as Dr. Martin Luther King Jr's Birthday; third Monday in February, known as Washington's Birthday/President's Day; last Monday in May, known as Memorial Day; July 4, known as Independence Day; first Monday in September, known as Labor Day; the second Monday in October, known as Columbus Day; November 11, known as Veteran's Day; fourth Thursday in November, known as Thanksgiving Day; and December 25, known as Christmas Day. If January 1, July 4, November 11 or December 25 fall upon a Sunday, the Monday following is a holiday and if they fall upon Saturday, the preceding Friday is a holiday. (C) Signs required. (1) An Official Police Tow Service's business office shall have a sign posted including the company name, address, phone number, and hours of operation, clearly visible from the roadway. (2) An Official Police Tow Service shall maintain a sign listing the rates and charges of all towing and storage services offered. Such rates sign shall be conspicuously placed in the business office or such other places where customer financial transactions take place. (3) Each Official Police Tow Service shall comply with Cal. Vehicle Code § 27907 regarding signs on tow trucks. (D) Release or availability of vehicles. (1) An Official Police Tow Service may collect an additional charge for release of vehicles after normal business hours. (2) An Official Police Tow Service shall release vehicles stored or impounded by the Police Department, pursuant to authorization provided by appropriate employees of the Police Department. Such authorization shall be in writing on a form provided by the Police Department. (3) 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 representative, any insurance agent, insurance adjustor, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a "HOLD FOR EVIDENCE" designation. (E) Available on demand. An Official Police Tow Service must be available to promptly respond 24 hours a day, seven days a week, 365 days a year, to all requests by the City for towing services. 8 (F) Professional attire. All operators of an Official Police Tow Service responding to a request for towing service by the City and/or Police Department shall appear in appropriate business attire, which shall include a shirt with the company logo of the Official Police Tow Service. If an operator fails to appear in appropriate attire, the officer on the scene may refuse to allow the Official Police Tow Service to provide towing service at that time. However, the response by the Official Police Tow Service shall still be counted as a turn in the rotation system described in this chapter. (G) Removal of hazards. After being dispatched by the City and/or Police Department to the scene, an Official Police Tow Service operator shall cooperate with the police officers in removing hazards and illegally parked vehicles as requested, including the complete cleanup of the scene by all Official Police Tow Service operators responding. It is the duty of the police officers to determine when such vehicle should be impounded or moved, and the Official Police Tow Service operator shall abide by their decisions. This requirement shall only apply to Official Police Tow Services summoned to a scene in response to an official request by the Police Department for tow services. (H) Towing of City vehicles. Each Official Police Tow Service shall tow all City police vehicles free of charge within the City's corporate limits. City police vehicles outside the City's corporate limits shall be towed at 75% of the established rates, as set forth in § 100.110(A) of this chapter. In addition, each Official Police Tow Service shall tow all other City vehicles, whether within or outside the City's corporate limits, at 75% of the established rates, as set forth in § 100.110(A) of this chapter. (I) Responsibility for own acts. Each Official Police Tow Service and its officers, employees and agents shall be responsible for their acts while performing duties pursuant to their respective franchise agreements as follows: (1) The owners of Official Police Tow Service participating in towing assignments by the City and/or Police Department shall be responsible for the acts of their employees while on duty. (2) Each participating Official Police Tow Service shall be responsible for damage to vehicles while in its possession caused by the active or passive negligence of that Official Police Tow Service. (3) Each Official Police Tow Service shall be responsible for damage to persons or property caused by the active or passive negligence or willful misconduct of its employees en route to or from a City request for tow services. (4) Each Official Police Tow Service and its employees, drivers, and agents shall comply with all applicable federal, state, and local laws, including but not limited to all applicable provisions of the California Vehicle Code. (J) Liability insurance. Each Official Police Tow Service shall procure and maintain, at its sole cost, a policy of public liability insurance in an amount and form acceptable to the City Risk Manager. Such liability policy shall be maintained in full force and effect for the entire term of the tow company's franchise agreement and proof of such public liability insurance shall be provided to the City on demand. 9 (K) Indemnity. Each Official Police Tow Service agrees to protect, indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, demands, or liability from or relating to loss, damage, or injury to persons or property in any manner whatsoever arising out of or incident to the Official Police Tow Service's franchise with the City or with the Official Police Tow Service's performance of work under such franchise, including, without limitation, all consequential damages caused in the preparation to respond to an official police request for towing services, in providing official police towing services and subsequent storage of vehicles, and in other related maintenance activities, whether such claims are caused by the negligence of the tow company or its agents and employees. (L) Records and offices subject to inspection. (1) All Official Police Tow Service's records, equipment, and storage facilities will be subject to periodic checks by the City and/or Police Department or other City investigators during normal business hours. (2) Every Official Police Tow Service shall maintain all offices, storage facilities and equipment in a neat, clean and organized manner. (3) Every Official Police Tow Service shall provide access to employees of the City at any time during normal business hours, for the purpose of inspection or audit to determine that the objectives and conditions of the Official Police Tow Service's franchise with the City are being fulfilled. (4) An Official Police Tow Service shall record its time in and its time out on every tow truck assignment. Such records shall be available and open to City examination. (M) Communications Requirements. All Official Police Tow Services shall comply with the following: (1) Official Police Tow Service shall maintain a telephonic point of contact capable of receiving City requests for towing services 24 hours a day. (2) Each Official Police Tow Service shall require its internal dispatch to retain data and records relating to the City's requests for towing services on premises for the term of the franchise. (3) Each Official Police Tow Service shall require the telephonic point of contact to promptly accept and relay requests for towing services made by the City. (4) Each Official Police Tow Service shall install and maintain at all times during the term of its franchise with the City,communications between their tow vehicle(s) and the official telephonic point of contact. This communication may be either by two way radio or cellular telephone. (5) Each Official Police Tow Service shall maintain a 24 hour per day communication contact with their tow vehicle(s). (6) Each Official Police Tow Service shall maintain a 24 hour per day telephone service to receive calls from the public. 10 (N) Vehicle storage facilities. Every Official Police Tow Service shall have a secure and environmentally safe vehicle storage facility with a minimum of 15,000 usable square feet. (1) The vehicle storage facility must be located within the corporate City limits of the City. (2) The vehicle storage facility must be completely enclosed by a six foot high wall or fence with no holes, gaps, or other unsecured openings, and a gate. The wall or fence shall have two or more strands of barbed wire installed in such a manner so as to discourage access over the top of the wall or fence, or the wall or fence shall be a minimum of eight feet in height without barbed wire. All gates into the storage yard shall meet the same standards required of the wall or fence. Any damage to walls, fences or gates which allows, or could potentially allow, unauthorized access to the vehicle storage facility must be repaired within 24 hours. (3) The vehicle storage facility shall have adequate lighting, and comply with all applicable building codes, zoning regulations, environmental laws and regulations, and any and all other applicable laws, rules and regulations established by federal, state, county and City governments. (4) Security at the vehicle storage facility shall be adequate to preclude theft, vandalism, or damage by activity while in the tow operator's establishment. The view to all vehicles must be obstructed from the roadway. No vehicles shall be left parked or stored on the public streets at any time. The Official Police Tow Service operator must provide off-street parking for its equipment and be able to accommodate at least four additional vehicles for customer parking. Storage vehicles should be secured away from the customer parking area and on-site office area. (5) Each Official Police Tow Service operator shall conspicuously post a tag on the windshield of all vehicles ordered impounded by the Police Department. No vehicle ordered impounded by the Police Department shall be released by the Official Police Tow Service operator until said operator has verified that the applicable City release charges have been paid and obtained written authorization from the Police Department to release a particular vehicle. (6) Each vehicle storage facility must have adequate storage facilities to provide storage of four vehicles within an enclosed area, totally protected from the weather, contamination or handling by unauthorized person(s). The Police Department will designate when a vehicle is to be placed into inside storage and may place a seal on each door of the vehicle and/or door(s) of the impound facility. Vehicles placed into inside storage shall not be removed therefrom without written authorization from the Police Department. (7) Each vehicle storage facility must provide an inspection area for authorized members of the Police Department. Such area shall have, at a minimum, a covered inspection area (roof) with a paved (concrete or asphalt) surface, and an inspection pit or vehicle lift. 11 (8) No Official Police Tow Service shall perform any work upon any vehicle stored or impounded by the Police Department without first obtaining written authorization from the Police Department and the registered owner of the vehicle. (9) Each Official Police Tow Service shall not dispose of any vehicle stored or impounded by official request of the Police Department, through any process whatsoever, without first obtaining written authorization from the Police Department to dispose of the vehicle. (0) Unclaimed vehicles. When disposing of unclaimed vehicles, Official Police Tow Services shall abide by all federal, state and local laws pertaining thereto. (P) Official storage lot. All vehicles stored or impounded as a result of a tow ordered by the Police Department shall be towed directly to an official storage lot unless the Police Department or other person legally in charge of the vehicle requests that it be taken to some other location. Vehicle release fees shall be established by resolution of the City Council. § 100.220 RESPONSE TIME. (A) Average and maximum response time. Each Official Police Tow Service agrees that, for any 30 day period, the average response time pursuant to requests for tow service by the police department, shall not exceed 25 minutes. Each Official Police Tow Service also agrees that the maximum response time for any single request for tow service by the Police Department shall not exceed 30 minutes. As used in this section, RESPONSE TIME is defined as the elapsed time between the relaying of the tow service request to the answering service and arrival of the tow vehicle on the scene. (B) Delay. When it becomes evident that there will be a delay in responding to a request for towing service, the responding Official Police Tow Service shall advise the Police Department of this delay and the reason for the delay. § 100.230 ROTATION SYSTEM. (A) Rotation list. Each Official Police Tow Service designated as an Official Police Tow Service shall be placed on a "rotation list" in an initial order to be determined by the Police Department. The rotation list shall be used whenever a driver or owner of a disabled vehicle is unable to specify a particular garage or tow service, or whenever an authorized Police Department employee requests the storage or impounding of a vehicle. (B) Turns in rotation. Each Official Police Tow Service shall be called, in turn according to the established rotation list, to respond to a Police Department request for towing service and, when in turn, shall have exclusive right to provide service as follows: (1) The Official Police Tow Service at the top of the order on the rotation list shall have preference to tow all vehicles from a specific scene, provided that Official Police Tow Service responds with all equipment needed to accomplish the tows within the response time specified herein. (2) Whenever an Official Police Tow Service cannot respond with all equipment needed to accomplish all tows at a specific scene within the response time specific 12 herein, the next Official Police Tow Service on the rotation list shall be called to provide service to the remaining vehicle(s). (C) Loss of turn in rotation. Whenever an Official Police Tow Service cannot, for any reason, respond with any equipment needed to accomplish the requested service within the response time specified herein, that Official Police Tow Service shall be passed over and the next Official Police Tow Service on the rotation list will be called. The Official Police Tow Service shall become eligible to provide service again only in its next turn in rotation. (D) Exceptions. (1) Whenever the driver or owner of a disabled vehicle specifies a particular club, association or tow service to be called to provide service, such calls shall not constitute a "rotation" call. (2) Whenever a Police Department employee determines that an emergency exists because an Official Police Tow Service is unable, for any reason, to provide adequate tow service, the Police Department employee shall have the right to have such duties performed by any other means available. (3) Whenever an Official Police Tow Service is called to tow a City police vehicle within the City's corporate limits, such call shall not constitute a"rotation"call. § 100.235 NON-DISCRIMINATION. In the performance of its duties under this chapter, an Official Police Tow Service shall not discriminate against any member of the public, employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, disability, sexual orientation, or age. CANCELLATION, REVOCATION OR SUSPENSION OF FRANCHISE § 100.250 GROUNDS FOR CANCELLATION,REVOCATION OR SUSPENSION. The franchise agreement entered into between City and Official Police Tow Service pursuant to § 100.030, shall be subject to cancellation, revocation or suspension by the Chief Executive Officer either as a whole or as to any person or vehicle described therein. The procedure for such cancellation, revocation or suspension is set forth in § 100.260. (A) Notice and contents of notice. The Official Police Tow Service shall be given five days written notice to appear before the Chief Executive Officer or his or her designee to show cause why the franchise should not be revoked, suspended, or canceled for any of the reasons set forth below. (B) Basis for action. A franchise may be revoked, suspended, or canceled for any of the following reasons: (1) An Official Police Tow Service fails to pay any City business license fees or other fees provided in the franchise agreement or by the Baldwin Park Municipal Code; or 13 (2) An Official Police Tow Service breaches any rules, regulations, or conditions set forth in the franchise agreement or the Baldwin Park Municipal Code; or (3) An Official Police Tow Service, or any person having any ownership interest in that Official Police Tow Service or any employee of that Official Police Tow Service, violates any federal, state or local law; or (4) An Official Police Tow Service fails to maintain a satisfactory level of service to the police or public; or (5) An Official Police Tow Service fails to keep any tow vehicle in safe condition and good repair; or (6) An Official Police Tow Service fails to use distinctive coloring, monogram, or insignia in compliance with Cal. Vehicle Code § 27907; or (7) An Official Police Tow Service deviates from the schedule of rates set forth in the franchise; or (8) An Official Police Tow Service passes on a tow assignment more than four times in any calendar month. PASSING is defined as refusing, for any reason, any tow assignment from the Police Department, including, without limitation, the towing of City vehicles at no charge; or (9) An Official Police Tow Service fails to respond to requests for tow service by the Police Department within the response time established by § 100.220; or (10) An Official Police Tow Service commits fraud or deceit upon the City, including, without limitation, falsifying data and records relating to the City's requests for towing services, falsifying the number of official police tow services performed, falsifying the response times to City requests for tow services; or (11) An Official Police Tow Service commits fraud or deceit upon any person to whom that Official Police Tow Service provides tow truck services; or (12) An Official Police Tow Service defaults on the performance of its material obligations under this chapter or the franchise and fails to cure such default within ten calendar days after receipt of written notice of the default and a reasonable opportunity to cure the default; or (13) An Official Police Tow Service fails to provide or maintain in full force and effect the insurance coverage as required by this chapter and as set forth in the franchise agreement; or (14) An Official Police Tow Service violates any order or ruling of any regulatory body having jurisdiction over the Official Police Tow Service relative to its tow truck business, unless such order or ruling is being contested by that Official Police Tow Service by appropriate proceedings conducted in good faith; or (15) An Official Police Tow Service becomes insolvent, unable or unwilling to pay its debts and obligations, or is adjudged to be bankrupt. 14 § 100.260 PROCEDURE FOR ACTION AGAINST OFFICIAL POLICE TOW SERVICE. Whenever the City determines that an Official Police Tow Service has violated any applicable federal, state or local law, or has violated any provision of the franchise between the Official Police Tow Service and the City, the City shall give that Official Police Tow Service written notice of the violation and an opportunity to be heard on the matter in accordance with the following procedures: (A) Written notice. The City shall notify the offending Official Police Tow Service in writing of any and all violations. Such notice shall be delivered to the particular Official Police Tow Service in violation by personal delivery or by registered or certified mail, return receipt requested, shall clearly set forth the specific violation, shall demand that the offending official police tow service cure the violation, and shall set forth the time period for curing the violation. The time period for curing a violation shall be determined by the Chief Executive Officer, or his or her designee, based on the nature of the violation, but under no circumstances shall the time period to cure be less than ten calendar days. If the Official Police Tow Service fails to correct the violation within the time prescribed by the notice, or if the official police tow service fails to commence good faith efforts to correct the violation within the time prescribed in the notice, the City shall temporarily suspend the Official Police Tow Service's franchise with the City pursuant to the provisions of division (B) of this section or shall give the Official Police Tow Service 14 calendar days written notice of a hearing before the Chief Executive Officer, or his or her designee. The written notice shall specify the alleged violations and the recommended action to be taken. (B) Temporary suspension. For equipment violations or business omissions, where the Chief Executive Officer desires to provide an Official Police Tow Service an additional opportunity beyond the initial notice to correct violations or omissions, the Chief Executive Officer, or his or her designee, may suspend that Official Police Tow Service from providing service for a period of time, not to exceed seven calendar days. Such suspension shall not be considered punitive and shall be for the specific purpose of providing Official Police Tow Service time to correct specified violations or omissions. If the Official Police Tow Service still fails to take corrective action during the temporary suspension period, the City shall give that Official Police Tow Service 14 calendar day's written notice of a hearing before the Chief Executive Officer,or his or her designee. The written notice shall specify the alleged violations and the recommended action to be taken. (C) Suspension pending hearing. For all substantive violations of law or the provisions of the franchise agreement between the Official Police Tow Service and the City, or for refusal to correct violations after proper notice is served upon the offending Official Police Tow Service pursuant to divisions (A) and/or (B) of this section, where the Police Department intends to take punitive action against the offending Official Police Tow Service or revoke the franchise in its entirety, the Chief Executive Officer or his or her designee, may suspend the offending Official Police Tow Service from providing service for a period of time, not to exceed 14 calendar days, in preparation for a hearing. (D) Informal hearing. The Chief Executive Officer or his or her designee, shall conduct such hearing and may receive information from any source deemed relevant to the 15 inquiry. The purpose of the hearing shall be to determine the factual basis of the allegation(s) against the Official Police Tow Service. (1) The hearing shall be informal in nature. (2) Formal rules of evidence (California Evidence Code and/or the Federal Rules of Evidence) shall not apply. (3) The offending Official Police Tow Service shall have the opportunity to respond to the allegations and present information relevant to Official Police Tow Service's defense. (4) At the conclusion of the hearing or within a reasonable time thereafter, not to exceed ten working days, the Chief Executive Officer, or his or her designee, shall make a finding as to whether the allegation(s) are "founded" or "unfounded." (5) Upon a finding that the allegation(s) are "founded," the Chief Executive Officer, or his or her designee, shall determine the appropriate sanction to be taken against the offending Official Police Tow Service. (a) The Chief Executive Officer may extend the suspension of the offending Official Police Tow Service for a period of time, not to exceed 30 additional calendar days, or; (b) The Chief Executive Officer may permanently revoke the offending Official Police Tow Service's franchise and remove the Official Police Tow Service from providing service in response to Police Department request; or (c) The Chief Executive Officer may impose such other sanction as he or she determines is appropriate in light of the nature of the violation and the relevant circumstances. (6) The Chief Executive Officer, or his or her designee shall notify the offending Official Police Tow Service of his or her finding and/or the sanctions to be imposed, in person, by registered mail, or by written notice hand-delivered to that Official Police Tow Service's business office. (E) Appeals. Any Official Police Tow Service aggrieved by a decision of the Chief Executive Officer pursuant to this section may appeal the finding of or the sanction imposed by, the Chief Executive Officer to the City Council. Any such appeal must be filed with the City's Chief Executive Officer in writing within five business days of the Official Police Tow Service's receipt of the decision of the Chief Executive Officer. (1) The City's chief executive officer shall schedule an informal hearing within ten days of receiving an appeal from the Official Police Tow Service and shall notify the Official Police Tow Service in writing of such hearing at least five calendar days prior to the hearing date. The same procedures set forth above for the hearing by the Chief Executive Officer or his or her designee, shall apply to the hearing before the City Council, if any. 16 (2) After hearing the evidence from both sides, the City's chief executive officer shall issue a written decision within ten days of the hearing. The decision of the City's chief executive officer is final. (3) Any person aggrieved by the City administrator's decision may file a writ of administrative mandamus pursuant to the Cal. Civil Code § 1094.5 within 90 days of the date the City administrator issues his or her decision. § 100.270 LIQUIDATED DAMAGES. (A) Fines and penalties. Each Official Police Tow Service agrees that an Official Police Tow Service's failure to meet the average response time for any 30 day period, or failure to meet the maximum response time for any single request for tow service, will result in damages being sustained by the City. Such damages are, and will continue to be impracticable and extremely difficult to determine. Each Official Police Tow Service agrees to pay the City $250 each and every time that Official Police Tow Service fails to meet the average response time requirements for any 30 calendar day period. Each Official Police Tow Service agrees to pay the City $100 each and every time that Official Police Tow Service fails to meet the maximum response time for any single request for tow service by the Police Department. Each Official Police Tow Service further agrees that said sums are the minimum value of the costs and actual damages caused by failure of an Official Police Tow Service to complete service within the allotted time period. Such sum is a liquidated damage and shall not be construed as a penalty. (B) Hearing. Prior to the imposition of such liquidated damages against a particular Official Police Tow Service, that Official Police Tow Service shall be entitled to a hearing as provided herein. Such hearing shall be conducted in accordance with § 100.260. Section 2.The Chief Executive Officer or its designee is authorized to take action as may be necessary to implement this ordinance. Section 3. The Mayor or presiding officer of the City of Baldwin Park City Council is hereby authorized to affix his/her signature to this Ordinance signifying its adoption by the City Council of the City of Baldwin Park. Section 4. The City Clerk of the City of Baldwin Park shall certify to the adoption of this Ordinance and cause the same to be posted and/or published as required by law. Section 5. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days from the date of its final passage and adoption. Section 6. If any chapter, section, subsection, subdivision,paragraph, sentence, clause or phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. 17 PASSED, APPROVED AND ADOPTE P ON the 7th day of Marc 118 MA i • 10, MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK ) I, Alejandra Avila, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on February 21, 2018. That thereafter said Ordinance No. 1407 was duly approved and adopted at a regular meeting of the City Council on March 7, 2018 by the following vote: AYES: Councilmember: Garcia, Lozano, Pacheco NOES: Councilmember: Baca, Rubio ABSENT: Councilmember: None. ABSTAIN- Councilmember: None. • Alejandra ila City Clerk 18