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HomeMy WebLinkAboutNS-2637 - Repealing Sections 32-81 through 32-93 and Sections 32-95 through 32-106 and Amending Sections 32-94 and 32-107 of the Santa Ana Municipal Code Relating to Tow TrucksORDINANCE NO. NS-2637 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING SECTIONS 32-81 THROUGH 32-93 AND SECTIONS 32-95 THROUGH 32-106 AND AMENDING SECTIONS 32-94 AND 32-107 OF THE SANTA ANA MUNICIPAL CODE RELATING TO TOW TRUCKS P JCl5-15-03 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. It is necessary to repeal Section 32-81 through 32-93 and 32-95 through 32- 106 of the Santa Ana Municipal Code and reserve them for future use. B. It is appropriate to amend Sections 32-94 and 32-107 to comply with changes in the law. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be faidy argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project Ordinance No. NS-2637 Page 1 of 4 exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Sections 32-81 through 32-93 and 32-95 through 32-106 are hereby repealed and Sections 32-94 and 32-107 of the Santa Ana Municipal Code are hereby amended: Sec. 32-94. Removal of vehicle from private property; notification, fee. (a) It is the responsibility of the tow truck operator to ensure that the Santa Ana Police Department is notified by the owner or person in lawful possession of the private property pursuant to California Vehicle Code, Section 22658 prior to the tow truck operator removing any illegally parked vehicle. The tow truck operator, when authorized by the owner or person in possession of the private property, shall notify the Santa Ana Police Department on behalf of the owner or person in possession of the private property. (b) The city council may, by resolution, establish a fee to defray the cost of logging and creating computer entries for vehicles stored from private property. The fee shall be paid by the registered owner or the agent of the owner. Sec. 32-107. Towing operation guidelines; rotational list; authority of the chief of police to promulgate written guidelines. In order to provide a workable and comprehensive policy regarding the towing and/or storage o f abandoned, disabled, stored o r impounded vehicles from public or private property, the chief of police is hereby authorized to promulgate and issue, by general order, and amend, if necessary, written rules and regulations governing the following but by no means exclusive subjects: (a) Establishment of a rotational list of towing operations; (b) Requirements and standards for placement on the rotational tow list; (c) Requirements and standards for continued placement on the rotational tow list; (d) Grounds for, and procedures governing, removal from the rotational tow list; and (e) Any other pertinent and relevant matters pertaining to the administration of a rotational tow list. Such rules and regulations shall have the force and effect of law, and the failure to obey same shall be deemed a violation of the provisions of this article for purposes of renewal, suspension or revocation of placement on the rotational tow list. Ordinance No. NS-263 ? Page 2 of 4 Sec. 32-108. Reserved. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 2nd day of September, 2003. yor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Paula Coleman Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Alvarez, Bist, Franklin, Garcia, Pulido, Solorio (6) Councilmembers: None (0) Councilmembers: None Councilmembers: Christy Ordinance No. NS-2637 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2637 to be the original ordinance adopted by the City Council of the City of Santa Ana on September 2, 2003 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-263.7 Page 4 of 4