HomeMy WebLinkAboutReso 1984-11616
RESOLUTION NO. 11616
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING POLICIES FOR THE SELECTION OF TOW
COMPANIES FOR POLICE REQUESTED TOWING SERVICE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, staff has held a number of meetings with the tow
companies to determine the best methods of selecting tow companies
to participate in emergency towing services, and
WHEREAS, one method would involve the tow rate itself as
the basic determinate by awarding all of the tow business to the
low bidder with the provision that other companies who were
willing to meet that low bid could share in the service, and
WHEREAS, the other method would require the acceptance of
any tow company that met minimum qualifications adopted by the
city, and
WHEREAS, the tow companies and staff were unanimous in
favoring the "minimum qualifications" method, which method is
currently being utilized by El Cajon, Oceanside, Escondido and the
California Highway Patrol.
WHEREAS, the minimum qualifications and procedures are
set forth in Appendix A, a copy of which is attached hereto and
incorporated herein by reference as if set forth in full.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby adopt the policies for the
selection of tow companies for Police requested towing service,
attached hereto as Appendix A.
Presented by
Approved as to form by
W. J W1nters, Director of
Publ" c Safety
1W7104J~
Harron, City
HULA VISTA, CALIFORNIA, this
~ 84 ,by the following vote, to-wit:
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
8th
day of
May
.YES: Councilmen:
IAYES: Councilmen:
,BSTAIN: Cou'Icilmen :
BSENT: Councilmen :
Scott, Malcolm, Moore, McCandliss
None
None
Mayor Cox
nEST J2A2~J~' -:J7;,~b-<Jr
(/ City Clerk
~wa PL/IIIIftI,
MAYOR PRO TEMPORE ~
TATE OF CALIFORNIA )
:xJNTY OF SAN DIEGO ) S s.
TV OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
) HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11616
,and that the same has not been amended or repealed.
\TED
(seal)
City Clerk
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APPENDIX A
PRQCE[.URES FOR PARrICIPANTS IN POLICE EMERGENCY SERVICE 'roWING
A. General provisions
1. REmoving Hazards - After being dispatchoo by the Police Deparbnent to
the scene,the tow truck operator shallCCXJjOerate with the Police
Officers in rerroving hazards and illegally parkoo venicles from the
streets and in inp:mnding such vehicles as requestoo. It is the duty
of the Police Officer to determine when sUCh vehicle should be irnp:>undoo
or rerrovoo and the tow truck ojOerator. shall abide by this decision.
2. Ethics and Conduct - All owners of tow truck companies shall conduct
their business in an orderly, ethical and business-like rranner.
3. Supervision Checks - All tow truck companies ' records, equiprent, and
storage facilities are subject to periodic checks by the Chula Vista
Police Deparbnent.
4. Invoices - All invoices for towing and storage shall be itemizoo
indicating minimum charges plus any additional. charges as specified
in the rate schedule.
5. Records of Service - 'Ibwcompanies shall keep records of each vehicle
towoo to include the type of vehicle; the license number, the date and
time it was towed and the location from which it was towed; the charges
against the vehicle and the disposition of the vehicle. These records
will be kept on forms that have been approved by the .Police Departrrent
and then will be retained for at least tw::> years.
The Director of Public Safety shall have the right to cause an audit
of the records at reasonable times during norrral w:>rking hours to
determine compliance with these procedures.
6. Charges - Companies shall base their charges according to the current
rate schedule.
7. Disputes - Whenever there arises a dispute over a claim or bill of any
nature and same cannot be satisfactorily adjusted by the parties involved,
the Director of Public Safety, or his designated agent, shall have full
power to settle any and all claims or disagreerrents.
8. Responsibility - The owners of tow car companies participating in towing
assigrurents by the Police Department, shall be responsible for the acts
of their employees while on duty. 'Ibwing companies shall be responsible
for damage to vehicles while in their possession and for all property
that was inventoried when they took possession of the vehicle.
9. Damage Appraisals - All vehicles stored or impounded as a result of a
tow ordered by the Police Departrrent, except vehicles with a r:olice
"hold", shall be rrade available to the owner of the vehicle or the
owner's representative, any insurance agent, insurance adjuster, or
any body shop or car dealer, for the purpose of estimating or appraising
damages.
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10. Protection of Vehicles - Vehicles imp:mnded by the jXJlice for special
investigations, i.e., fingerprints, paint comparisons, protos, etc.,
shall be held in maximum security until cleared by investigating
officers. Contents of vehicles with a jXJlice "rold" shall not be
renDved .
11. Access to Vehicles - Vehicles to be appraised shall be accessible to
Police Department personnel. An employee of the towing company may be
required to assist.
12. Right of Individual to Select 'Ibwing Company - The right of any vehicle
owner or driver involved in a traffic collision to call for tow service
of personal choosing shall not be infringed up:m so long as the renDval
of the vehicle can be made witOOut undue delay as determined by tile
investigating Police Officer.
13 . Police Errors or emissions - When any vehicle has been ordered towed
by the Police Department and it appears that the tow was in error
through a mistake of fact, contractor shall release the vehicle to the
owner at no cost to the owner. In the event of a clerical error or
oversight on the part of the Police Department wherein a vehicle is
stored for a period longer than it should have been, the contractor
shall release the vehicle to the owner at no storage cost to the owner
for such excess period.
In the above cases, if the tow or excess storage resulted from a Chula
Vista Police Department error through a mistake of fact or a clerical
error or oversight, contractor will charge the City 50% of the basic
tow rate and $2 per day of storage beyond the owner's resjXJnsibility.
Provided, however, that if the circumstances ~e beyond the control
of the Chula Vista Police Department, neither the City nor the owner
shall be liable for such charges. The Director of Public Safety, or
his designated representative, shall make the determination as to
errors or mistakes of fact and shall notify the contractor in writing.
B. Minimum Business and Storage IDt Requirements
1. Licensing - Each firm must have a valid City business license to operate
a towing business and storage lot.
2. Building Code - Storage lot buildings, fencing, driveways, etc., must
conform with building code requirements.
3. Zoning Regulations - Business and storage lot must conform to zoning
regulations and have approval of the Planning Department.
4. Insurance - Public liability insurance shall be in accordance with Chula
Vista Municipal Code Section 5.58.070.
5. Bonding - Bond requirements set forth in Chula Vista Municipal Code
Section 5.58.080 must be met.
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6. Hold Harmless Agreement - Each tow operator shall enter into an agree-
ment to hold City harmless from any liability incurred as the result
of police requested towing and storage activities.
7 . Open Storage Areas - All open storage areas shall be screened from
public view, except for necessary gates, with a solid wall or fence
or cyclone fence with w:xxl or metal slats inserted in all spaces,
along all perimeters of the storage area unless such storage area
directly abuts an associated storage building or an existing blank
wall or fence at least 6 'feet in height, in which case such screening
will not be required along those segments of the perimeter. Gates
shall be at least 6 feet in height and may be of solid material,
cyclone fence with w:xxl or metal slats or cyclone fence without such
slats. Screening and gates shall be maintained in good condition.
There shall be no advertising signs on storage facility properties
except suitable signs identifying ownership.
All storage facilities visible from the street or from abutting
properties at grade level shall be Il'<'iintained in a clean, neat, and
visually presentable manner.
C. Service Requirements
1. Hours - There shall be an attendant on call, capable of responding
to police requests for towing as well as be present or available for
the release of vehicles to the public, 24 hours a day, 7 days a week.
2. Response Time - Company shall locate equiprent and personnel to arrive
at the location prescribed by the fblice Department within 15 minutes
fran receipt of order from the fblice Department. The response time
of 15 minutes is for average =rrlitions of traffic. Repeated failures
to meet this average response time, except in extenuating circumstances,
may result in being susperrled or renDved from the rotation list.
3. Release of 'lbwed Vehicles - General - 'lbw Companies shall have one tele-
phone number that the public or fblice Department may call for information
on vehicles towed at police request. Personnel answering such telephones
shall be courteous and provide complete information regarding the location
of the vehicle and method of securing its release, including directions
to the primary location to effeft the release, documentation required,
charges to be paid and tenns of payment. Sufficient teleprone lines,
equiprent and personnel shall be provided to render good service.
4. !ibrmal Release Procedure - When a person a=ives at the primary location:
a. The tow representative shall identify the requested vehicle from
his records, by license number, if provided, or from other
information provided by the claimant.
b. The requestor will be required to provide evidence satsifactory to
the tow representative that he is the person entitled to receive
that vehicle. A police release will =nstitute satsifactory
evidence. Responsibility for release of the vehicle to a person
without such evidence devolves fully on the =ntractor.
c. When the tow company's representative is satisfied that the requestor
is entitled to the vehicle, the aEfroved fees shall be collected and
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the requestDr promptly provided possession of the vehicle. The
vehicle shall be released tD the requestDr within one (1) h:>ur
of the time the requestor arrives at the location of the =mpany.
If the vehicle is stDred at a location other than the pr:i.nary
location, transportation tD the vehicle will be provided by the
=mpany with:>ut charge and in a reasonable time.
5. Posting Required - Company shall supply and post in a =nspicuous place,
at all locations, a notice setting forth the City Council approved
current fee schedule.
6. Repair of Alteration of Vehicles - Company shall not iIake any repairs or
alterations tD a vehicle without the auth:>rization of the registered or
legal owner, the owner's insurance ca=ier or a duly auth:>rized agent
of the owner or insurance carrier. Company may make errergency al tera-
tions in order tD tDw the vehicle.
7. Protection of Vehicle Contents - The Company, when assuming custDdy of
a vehicle towed or stDred by Police order, will inventDry the contents
of the vehicle. This inventDry will be made jointly by the operatDr and
the Police Officer ordering the tow or stDrage and shall be on forms
approved by the DirectDr of Public Safety. By signature on this inventDry,
company acknowledges acceptance of legal responsibility for the safe and
proper tow and stDrage of the vehicle and for the security of the inven-
tDried personal property.
D. Minimum Equiprent Standards
1. Truck Chassis - At least t.= rigs of one-tDn capacity with dual rear
wheels, twin bocms with at least five-tDncapacity each.
2. Company Narre - Company name, address and ph:>ne mnnber both sides of tDw
car.
3. Lights - Trucks must, at all times, be equipped with such headlights,
tail lights, red reflectDrs, stDp lights, warning lights, etc., as
required by California law, plus one white utility light (adjustable
or portable); and may be equipped with such other lights as the owner
may desire which are not forbidden by law.
4. Winch - 'Ib be power-driven by p:>Wer take-off from transmission equipped
power-up and power-down.
5. Cables - At least one truck tD be equipped with 300 feet of not less
than 3/8 inch cable.
6. Additional Equiprent - Trucks must be equipped with red flares, lanterns
or reflectDrs, hand tools, crowbar, rope, broom, sh:>vel, dustpan, fire
extinguisher (dry chemical type), portable red tail light and stDp
light for tDwed vehicles, equiprent for opening locked vehicles and
safety snubber chain. Each tow =mpany truck shall have at least one
set of dollies readily available at all times.
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Revised 5/10/84
7. Th1o-way R3.dio Ccmnunications Equiprent - Each tow truck shall be equipped
with radio oormn.mications equiprent between the tow =mpanies dispatching
office and the tow truck. Citizens band equiprent is not acceptable for
use il'l connection with this =ntract.
8. Appearance of Tow Trucks - All tow trucks used in the perfonnance of this
contract shall be we).l ItBintained and clean on the exterior and interior.
E. Term.
The City shall review the qualifications of all applicants and those rreeting
the minimum standards shall be placed on the errergency tcMing list for a one
year period.
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