HomeMy WebLinkAbout11A - 2ND READ ORD - ROTATIONAL TOWREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 1, 2016
TITLE:
ORDINANCES - SECOND READING:
ADOPT AN AMENDMENT TO THE
ROTATIONAL TOW ORDINANCE,
SANTA ANA MUNICIPAL CODE
SECTION 32 -107
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CITY MANAG
RECOMMENDED ACTION
Place ordinances on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On February 16, 2016, the following Ordinances were introduced for first reading and City
Council authorized publication of title by a vote of 5 -0 (Martinez and Tinajero absent):
ORDINANCE NO. NS -2894 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 32 -107 RELATING TO
TOW TRUCKS
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Maria D. Huizar,
Clerk of the Council
EXHIBITS: 1. Ordinance No. NS -2894
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ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SANTA ANA
MUNICIPAL CODE SECTION 32 -107 RELATING TO
TOW TRUCKS
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. California Vehicle Code section 21100 provides authority to cities
and counties to regulate tow operators within their jurisdiction.
B. On September 2, 2003, the Santa Ana City Council adopted
Ordinance NS -2630 enacting Article IV of Chapter 32 relating to
Tow Trucks. The Ordinance, among other items, delegated
authority to the Chief of Police to establish towing operation
guidelines and a rotational list for tow operators.
C. In an effort to standardize the process and increase the consistency
with other competitive processes for City Services, the Chief of
Police will recommend a rotational tow list to the City Council for
approval. All other aspects of the Rotational Tow List including
establishing written guidelines, standards for qualification,
discipline, and removal from the List will remain the same.
Section 2. Chapter 32, Article IV, Section 32 -107 of the Santa Ana
Municipal Code is hereby amended to read as follows:
Sec. 32 -107- Towing operation guidelines; rotational list; authority of the
chief of police to promulgate written guidelines; recommendation of
list of rotational tow operators to the City Council.
In order to provide a workable and comprehensive policy
regarding the towing and /or storage of abandoned, disabled,
stored or impounded vehicles from public or private property,
the chief of police 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:
Ordinance No. NS -XXX
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(a) Requirements and standards for placement on the rotational
tow list;
(b) Requirements and standards for continued placement on the
rotational tow list;
(c) Grounds for, and procedures governing, discipline and
removal from the rotational tow list; and
(d) Any other pertinent and relevant matters pertaining to the
administration of a rotational tow list.
2. Such rules and regulations shall have the same 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.
3. At least once every five (5) years, the chief of police will make a
recommendation to the City Council of a list of rotational tow
operators.
Section 3. 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 1 st day of March, 2016
Ordinance No. NS -XXX
Page 2 of 3
Miguel A. Pulido
Mayor
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APPROVED AS TO FORM:
By: clw
Sonia R. Carvalho
City Attorney
AYES: Councilmembers
NOES: Council
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on March 1, 2016, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
L�
Clerk of the Council
City of Santa Ana
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Ordinance No. NS -XXX
Page 3 of 3
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