HomeMy WebLinkAboutResolution No. 6083RESOLUTION NO. 6083
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AMENDING RESOLUTION NO. 5651 WHICH
ESTABLISHED ADMINISTRATIVE GUIDELINES FOR
POLICE ROTATION TOWING
WHEREAS, the City of San Rafael has established a Police Rotation
List due to increased interest by tow companies; and
WHEREAS, the list consists of that number of local tow companies
necessary to accomplish City towing needs and to effect greater service
flexibility; and
WHEREAS, amended Administrative Guidelines that will maintain suffi-
cient quality of Services provided are attached hereto and incorporated
herein as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Rafael that the Administrative Guidelines for the Police Rotation Tow List are
hereby amended;
I, JEANNE M. LEONCINI, CLERK of the City of San Rafael, California,
hereby certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a regular meeting of the Council of said City held
on the sixth day of April , 1981, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
NE 1M. LEON, INI,'City Clerk
0 '� ` 777\
EXHIBIT "A"
POLICE ROTATION TOWING STANDARDS AND ADMINISTRATIVE GUIDELINES
Section 1. Purpose. The City Council finds that it is irk the
public interest that rotation towing services be
established for the purpose of providing the Police
Department with an expeditious means for moving
damaged and disabled vehicles from the streets and
highways of the City, and for removing abandoned
vehicles, illegally parked vehicles and those
vehicles that must be moved for safekeeping.
Section 2. Definitions.
(A) "Chief" means the Chief of Police of the City
of San Rafael Police Department.
(B) "Department" means the City of San Rafael Police
Department.
(C) "Operator" means any person, firm or corporation
licensed as a tow car business by the City of San
Rafael and further issued a permit by the Chief to
engage in the business of towing vehicles in the
City of San Rafael.
(D) "Tow" or "Towing" as used herein is the act or
business of moving damaged or disabled vehicles,
the removal of abandoned vehicles, illegally parked
vehicles and vehicles that must be moved for safe-
keeping, when such moving or removal is directed or
requested by the Department.
Police Rotation Towing Standards and Guidelines Page 2
Section 3. Application for Permit.
An application for placement on the Police Rotation
List shall be in writing, executed under penalty of
perjury, and filed with the Chief of Police along
with a deposit for fees as provided. Such applica-
tion shall contain the following:
(A) Full name and identification of the applicant
and all persons who will be financially interested,
whether directly or indirectly, in the towing
business.
(B) The residence, business address and citizenship
of the applicant, including all members of any firm
or partnership. If applicant is a corporation, the
same information for all officers and directors and
the same information for any shareholder who owns
twenty percent (20%) or more of the voting stock of
the corporation.
(C) Fingerprints of the persons described in (B)
above.
(D) The name under which the business is to be
operated.
(E) Whether the applicant or any person financially
interested in the application has had a permit to
tow motor vehicles suspended or revoked in any other
jurisdiction and, if so, the circumstances of such
suspension or revocation.
Police Rotation Towing Standards and Guidelines Page 3
(F) A complete description of the vehicle or
vehicles proposed to be operated, including the
number, manufacture, license, horsepower, descrip-
tion of the hoist, its capacity as to weight and
type of vehicle capable of hoisting and towing.
(G) Color scheme and characteristic insignia used
to designate the vehicle of the owner.
(H) Two way radio equipment is required to be
available to the vehicle and in the dispatching
office. The application shall set forth call let-
ters, wattage, and range.
(I) A current certificate of state approved
testing station certifying as to adequate brakes
and headlights.
(J) Names, addresses and positions of all
employees.
(K) Evidence to show applicant's ability to comply
with Section 12 (Rules and Regulations applicable
to all permits) and Section 13 (Performance
Standards).
Section 4. Referral to Chief of Police.
Upon receiving the application, the Chief of Police
shall conduct an investigation thereon. Within
thirty (30) days after the filing of owner's appli-
cation, the Chief of Police shall either grant or
deny the application for the permit. If the Chief
of Police denies the"application, such denial shall
be based on whether or not the Chief of Police finds
Police Rotation Towing Standards and Guidelines Page 4
that public necessity and convenience exists. In
determining whether public necessity and convenience
exists, the Chief of Police may take into'
consideration any or all of the following factors:
(1) The business experience and financial
responsibility of the applicant.
(2) Whether or not other persons or towing
operation under permit are rendering
sufficient and adequate service to the
City.
(3) Whether the applicant has demonstrated
a sound and competent pattern of serv-
ice within the community. This shall
be measured by an evaluation of actual
performance of service including complaints.
Section 5. Appeal.
Any person whose application is disapproved by the
Chief shall have the right to appeal from such
disapproval to the City Manager. Such appeal shall
be taken by filing with the City Manager a notice of
such appeal no later than ten days after the mailing
of the notice of disapproval by the Chief. The
appeal shall be heard by the City Manager/or his
designee within fifteen days from and after applicant
filed his notice of appeal. The City Manager/or his
designee may overrule or affirm the action taken by
the Chief. If the City Manager/or his designee
Police Rotation Towing Standards and Guidelines Page 5
overrules the Chief, he shall thereupon issue the
permit to the applicant. The City Manager/or his
designee shall write his findings and submit them to
the applicant within ten days of his decision. If
the applicant disagrees with the findings and
determination of the City Manager/or his designee,
he has a further right to file an application of
appeal to the City Council by filing said notice of
appeal with the City Clerk within ten days from his
notification.
Section 6. Contents of Permit.
If a permit is granted, it shall contain the
following provisions:
(A) The name of the operator.
(B) The term for which the permit is granted.
(C) A brief description of each vehicle which
the permittee is permitted to operate.
(D) Such conditions or additional matter as
the Council may deem necessary or proper.
(E) A place for the signature of the operator,
under the statement that he accepts the
permit subject to its terms and all of
the provisions of this Resolution.
Section 7. Insurance and Bond.
No permit shall be granted to any person unless
such person shall have first given and filed with
the Police Department certificates of insurance
as follows:
Police Rotation Towing Standards and Guidelines Page 6
(A) Public liability insurance with minimum limits
of $100,000/$300,000, or $300,000 single limit
or its equivalent. '
(B) Liability insurance that covers loss by fire,
theft, negligence and malicious mischief within
the tow operator's garage with minimum limits of
$100,000.
(C) Said certificates of insurance shall provide
ten (10) days prior notice to City in the event
of cancellation or modification.
(D) Cash or a bond in the amount of five hundred
dollars ($500.00) conditioned upon the faithful
performance of all towing services. Such bond
shall be for the benefit of the City or any
person or persons who have suffered damages
as a result of the operator's failure to
perform as may be determined by the court
of competent jurisdiction. Said bond shall be
maintained at five hundred dollars ($500.00).
One year after the expiration or termination
of the permit, any amount of bond held by the
City shall be returned to the operator.
Section 8. Business License Fees.
Notwithstanding the provisions contained in this
Resolution, the operator shall, unless exempt
herefrom, procure a City Business License.
Police Rotation Towing Standards and Guidelines Page 7
Section 9. Term of Permit.
A permit issued pursuant to this Resolution shall
be for a calendar year and signed by the Chief.
Such permit shall be posted conspicuously in the
owner's principal place of business. A duplicate
copy of the permit shall be carried in each tow
vehicle. Such permit shall expire on the 31st day
of December in the year it was issued.
Section 10. Renewal of Permit.
Said permit shall be renewed annually by the operator
filing an application with the Chief of Police,
describing any changes in the original application.
If there are no material changes, the Chief of
Police shall renew the permit. In the event there
are material changes, the renewal application shall
be considered as a new application and it shall be
processed as herein provided.
Section 11. Transfer of Permit.
Permits as herein described are nontransferable.
Section 12. Rules and Regulations Applicable to Operator.
A towing permit as herein described shall be subject
to the following conditions:
(A) That operator shall be subject to call by the
Department for the performance of towing service upon
a 24-hour a day basis. The response time to a call
shall be set at a maximum of fifteen (15) minutes.
Police Rotation Towing Standards and Guidelines Page 8
(B) The operator has and will keep and maintain towing
equipment which is adequate and sufficient to perform
such towing service in a reasonable, workmanlike manner.
(C) The operator will charge for towing and storage
services authorized by the Department and rendered upon
its call only the fees established by the City Council of
the City of San Rafael from time to time by Resolution.
(D) The operator shall furnish an itemized statement
for towing and storage charged to all persons receiving
said services. Charges may only be levied in amounts
authorized by the City Council by Resolution.
(E) That the operator shall provide for a storage
lot(s) or area(s) enclosed by a fence affording
maximum possible security to impound vehicles and
shall maintain said lot(s) or area(s) in a condition
which minimizes safety hazards to persons having
authority and duty to be in such lot(s) or area(s).
Such lot(s) or area(s) shall be located within the
City of San Rafael. Lot(s) shall have storage
facilities as follows: (1) Enclosed storage for a
minimum of 3 cars, (2) Outside storage for a minimum
of 30 cars.
(F) The operator, by accepting the permit and operating
thereunder, agrees to indemnify and hold the City
harmless from any of the acts of the operator that are
performed pursuant to said permit.
Police Rotation Towing Standards and Guidelines Page 9
(G) The operator shall have a minimum of three (3)
or more trucks available on a 24 hour basis for towing
of vehicles. Said trucks shall be capable'of towing
standard passenger vehicles, motorcyles, trucks and
vans up to one ton capacity. Tow car companies who
are on the police rotation list which have vehicles
and/or equipment capable of towing vehicles over one
ton shall be called upon for tow services by the City
on a rotated as -needed basis. These tow car companies
shall have a minimum of one truck used for towing
vehicles over one ton. Such trucks shall be equipped
with an air brake line device, commonly referred to
as a "GLAD-HAND", or its equivalent.
(H) Every truck used for towing passenger cars and
small trucks will be equipped with towing "DOLLYS".
(I) Tow trucks shall be equipped with two-way radio
communications with a corresponding base station at
the garage and answering service, therefore providing
24-hour capability.
(J) Change in ownership or management of an operator
shall be grounds for review of the permit by the Chief.
(K) The operator shall allow police personnel, upon
their reasonable request, to inspect his tow trucks
to insure that such trucks are kept in safe condition
and are properly registered by the Department of
Motor Vehicles.
Police Rotation Towing Standards and Guidelines Page 10
Section 13. Performance Standards.
(A) ThO operator shall clean the debris from the
roadway at the scene of an accident. Removal of
debris from the scene will be the responsibility of
the tow operator. No additional charge for cleaning
or sweeping is authorized except where an extra-
ordinary or unusual circumstance can be shown, at the
time, by the operator (i.e., accident involving soda
bottle truck; excessive glass or vehicle debris).
(B) Responsibility for any damage incurred to
persons, property or vehicles from debris left at a
place from where a vehicle was towed, will be borne
by the operator.
(C) All towed vehicles shall be towed directly to
the designated storage area and shall be kept in such
area until final disposition is made.
(D) All vehicles towed at the request of the San
Rafael Police Department shall be stored in the
enclosed area provided by the operator unless
directed otherwise by Police personnel.
(E) Impounded vehicles shall be stored in a secure
manner with windows closed and doors locked, where
applicable.
(F) Vehicles' accessories which are easily removed
and which tend to attract pilferage such as tape
decks, tapes, expensive hubcaps, etc., shall be
Police Rotation Towing Standards and Guidelines Page 11
removed from the towed vehicle, catalogued and
secured within the building.
(G) The operator shall release stored vehicles only
to the owner, or owner's authorized agent who has
obtained a San Rafael Police Department vehicle
release form. Tow companies shall have personnel
available to release vehicles between 9:00 a.m. and
6:00 p.m., seven days a week. Provisions shall be
made for the release of vehicles between 6:00 p.m.
and 9:00 a.m. upon request by authorized police
personnel.
(H) Tow operators must provide a direct phone line
from the Police Department to the company at the
expense of the operator.
(I) The operator shall maintain a log book at the
place of business into which shall be recorded the
following information:
(1) Description, including make„ model,
vehicle identification number and
license number of the towed vehicle.
(2) Date and time of tow.
(3) Location from which vehicle was towed.
(4) List of accessories removed for security.
(5) Name of person to whom vehicle is re-
leased (or name of purchaser if vehicle
is sold for lien).
Police Rotation Towing Standards and Guidelines Page 12
(6) Date of release.
(7) Total fees charged.
Said log shall be available for inspection`by Police
personnel.
(J) The Police Chief or his designee shall be
given access to all operator's records concerning
fees levied for services according to any resolution
adopted pursuant to Section 12 (C) herein.
Section 14. Non -Responsibility of City.
Nothing herein contained will in any way authorize an
operator to act as an agent or employee of the City
of San Rafael. Nothing herein contained will or is
intended to infer that the costs of towing service or
storage is to be charged to or assumed by the City of
San Rafael. An operator shall receive reimbursement
for its services separate and apart from the City and
its officers unless specifically approved in advance
by the Chief of Police.
Section 15. Suspension and Revocation of Permit and Appeal.
The Police Chief may immediately suspend a
permit on the following grounds:
(A) Upon a finding that an operator falsified
any portion of its application.
(B) Upon failure of the operator to comply with
any of the terms and provisions of this Resolution.
Police Rotation Towing Standards and Guidelines Page 13
(C) Upon an operator hiring and retaining in its
employment a person convicted of auto theft or grand
larceny. '
(D) That the operator has demonstrated occasions or
a pattern of behavior, by or through agents or other-
wise, that is inconsistent with or inimical to the
interests of the City or its inhabitants. The opera-
tor's tow permit may be suspended. An order of
suspension shall be for a period not to exceed thirty
(30) days, provided that if no appeal is taken, the
permit may be revoked. The operator may appeal the
suspension by filing notice of appeal to the City
Council with the City Clerk within ten (10) days of
the suspension. The Council shall set the appeal for
hearing within thirty (30) days. Ten (10) days
notice of such hearing shall be given to the operator.
After hearing, the Council may:
(1) Terminate the suspension and direct the operator
be reactivated.
(2) Confirm the suspension but not revoke the permit.
(3) Revoke the permit.
(4) Any one of the above with conditions.
Section 16. Exceptions.
Nothing herein contained shall restrict or prohibit
the owner or operator of a vehicle from calling and
selecting a towing vehicle of his own choice.
Police Rotation Towing Standards and Guidelines Page 14
Section 17. Mutual Termination.
Either the City of San Rafael or the operator may
terminate the permit upon delivery to the other
party of a 30 -day written notice of intent to
terminate the permit.
March 1981
110 B/2-13