HomeMy WebLinkAboutOrd 869 ORDINANCE NO. 869
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA, ADDING CHAPTER
12.78 TO THE CITY OF CATHEDRAL CITY MUNICIPAL
CODE REGARDING ROTATIONAL TOWING SERVICES
WHEREAS, Pursuant to California Vehicle Code section 12110(b), the City has
the authority to grant franchises to companies that provide certain towing services and to
collect a franchise tow service fee to offset actual and reasonable costs incurred in
connection with administering its towing program; and
WHEREAS, since 2014 the City has had nonexclusive franchise agreements with
Mohica Towing and South West Towing that serve on a revolving rotational schedule as
determined by the Cathedral City Police Department ("Police Department"); and
WHEREAS, the City Council desires to increase the number of tow operators
providing services to the City; and
WHEREAS, the City Council desires to codify the procedures for operating a Tow
Rotational Program that provides for safe, efficient and rapid removal of vehicles and to
help maintain safety on the roadways and throughout the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
The City Council hereby finds that all of the foregoing recitals and the staff report
presented herewith are true and correct and are hereby incorporated and adopted as
findings of the City Council as if fully set forth herein.
SECTION 2. CHAPTER 12.78 OF TITLE 12 OF THE CITY OF CATHEDRAL CITY
MUNICIPAL CODE.
Chapter 12.78 [Rotational Towing Services] of Title 12 the City of Cathedral City
Municipal Code is hereby added to read as shown in Exhibit "A".
SECTION 3. EFFECTIVE DATE.
This ordinance shall be effective 30 days from and after its final passage.
SECTION 4. SEVERABILITY.
If any section, subsection, subdivision, 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, then such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Cathedral City hereby
declare they would have adopted this ordinance, and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any
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one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
SECTION 5. PUBLICATION.
The City Clerk is authorized and directed to cause this ordinance to be published
within fifteen (15) days after its passage in a newspaper of general circulation and
circulated within the City in accordance with Government Code Section 36933(a) or, to
cause this ordinance to be published in the manner required by law using the alternative
summary and posting procedure authorized under Government Code (c).
INTRODUCED at the regular meeting of Cathedral City Council on the 14th day of
June 2023.
PASSED, APPROVED AND ADOPTED at the regular meeting of Cathedral City
Council on the 28th day of June 2023.
AYES: Councilmembers Gutierrez, Gregory and Ross; Mayor
Pro Tem Carnevale and Mayor Lamb
NOES: None
ABSENT: None
7
ABSTAIN None 1
Rita amb, Mayor
ATTEST:
i) iL&I V' (IA rn,)�,c Liz,
Tracey R.-lermosillo, City Clerk
APPROVED AS T .
Eric S. Vail, City Attorney
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Exhibit A
Chapter 12.78
ROTATIONAL TOWING SERVICES
Sections:
12.78.010 Purpose and intent.
12.78.020 Definitions.
12.78.030 Tow truck operator franchise.
12.78.040 Nonexclusive franchise.
12.78.050 Selection of franchisees.
12.78.060 Tow operator requirements.
12.78.070 Rotation Tow Services Program.
12.78.080 Vehicle impound cost recovery fee.
12.78.090 Costs.
12.78.100 Franchise agreements.
12.78.110 [Reserved].
12.78.120 Authority to maintain City towing operations and storage yard.
12.78.130 Compliance with law.
12.78.140 Compliance with franchise agreement.
12.78.150 Disciplinary action.
12.78.160 Terms of disciplinary action.
12.78.170 Hearing and appeal.
12.78.010 Purpose and intent.
It is the intent of this chapter and any subsequent amendments thereto to prescribe the basic
regulations for the operation of the City of Cathedral City ("City") and Cathedral City Police
Department ("Police Department") towing service in emergency situations and in the removal of
vehicles that are abandoned, involved in an accident, or constitute an obstruction to traffic
because of mechanical failure. It is the purpose of the City Council in enacting this chapter to
provide fair and impartial means of distributing requests for towing services among qualified
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franchises, and to ensure that such services are prompt and reasonably priced, and in the best
interest of the public as well as the interest of efficient policing operations for the removal of
such vehicles from public streets.
12.78.020 Definitions.
For purposes of this chapter, the following terms, phrases, words, and derivations shall have the
meaning given in this section:
"City Manager" means the City Manager of the City of Cathedral City.
"Franchise agreement" means an agreement between the City and a franchisee for the purpose
of providing towing services as provided in this chapter.
"Franchisee" means a certain tow truck operator to which the Police Chief, in cooperation with
the City Manager, grant a nonexclusive franchise for purposes of providing towing services to
the City under and pursuant to the provisions of this chapter.
"Police Chief" means the Chief of Police of the Police Department of the City of Cathedral City.
"Police Department" means the Police Department of the City of Cathedral City.
"Code Compliance Department" means the City's Code Compliance Department.
"Primary Storage Yard" means a permanent securely fenced enclosed storage area of an
adequate size for the proper storage of vehicles towed and/or impounded, that is controlled by
the franchisee, and is located no greater than approximately twenty (20) minutes driving
distance from the center point of the City.
"Place of Business" means the principal place of business of the towing company where
owner(s) and/or manager(s) conduct and coordinate the tow company's business.
12.78.030 Tow truck operator franchise.
The Police Chief, in cooperation with the City Manager, may at their discretion grant a
nonexclusive franchise to a tow truck operator ("franchisee") to provide towing services to the
City under and pursuant to the provisions of this chapter.
12.78.040 Nonexclusive franchise.
A. All franchises granted to franchisees pursuant to this chapter shall be nonexclusive and
shall be for a term to be specified by the Police Chief in the franchise agreement between the
City and the franchisee.
B. No provisions of this chapter shall be deemed to require restricting the number of
franchises to one or any particular number, and no provision of this chapter shall be deemed to
require the Police Chief to grant any franchise if the Police Chief determines that the grant of
any such franchise is not in the best interest of the City and the public.
C. No provision of this chapter shall be deemed to restrict the City's ability to enter into an
agreement with a towing company that does not meet the qualifications as provided herein in
order to provide specialized towing services on an as needed basis.
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12.78.050 Selection of franchisees.
A. The selection of the franchisees shall be done through a competitive selection process.
Upon any opening(s) on the rotation list, the Police Chief, in cooperation with the City Manager,
shall issue a notice of request for qualifications (RFQ) to solicit interested tow truck operators.
The RFQ shall be posted on the City's website and posted on a website devoted to procurement
services, bid and vendor management such as Planetbids.com. Responses to the RFQ shall be
due no earlier than 20 days following posting of the notice as required herein.
B. The Police Chief, in coordination with the City Manager or designee, shall evaluate the
qualifications of the tow truck operators responding to the RFQ. No later than 60 days after
receipt of the responses to the RFQ, the Police Chief shall submit to the City Council for
consideration the qualifications of the tow truck operator(s) that they deem most qualified
together with a franchise agreement pursuant to the Rotation Tow Services Program.
C. With respect to the selection process as provided herein, the Police Chief shall
determine the number of franchisees needed to provide towing services to the Police
Department. In determining the required number of franchisees, the Police Chief may consider
the following factors:
1. The operational needs of the Police Department;
2. Population growth;
3. The number of currently authorized franchisees and their average response time;
4. Administrative burdens imposed by the number of franchisees to be included in a
rotation list; and
5. Such other reasonable factors as determined by the Police Chief.
D. With respect to evaluating the qualifications of the tow truck operators responding to the
RFQ, the Police Chief shall consider the following factors:
1. Whether the applicants can satisfy the insurance, business license, and tow operator
permit requirements of the franchise agreement;
2. Whether the applicants are qualified on the basis of prior experience in the towing
operation business and financial responsibility;
3. Whether the tow operation applicants can provide service calls for the police department
twenty-four hours a day, including holidays;
4. Whether the applicants will accept all tows requested by the city, including tows of
abandoned or dismantled vehicles and/or tows requiring special equipment;
5. Whether the applicant, or any person involved with the applicant has been refused a
towing permit or contract or had a towing permit or contract suspended or revoked by
this city or any other city;
6. Applicants' rates, fees and other charges when the tow is initiated by a call from the city,
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including, applicants standard tow rate; impoundment rates for day and night and
whether an after-hours release fee is charged; hourly rates for extended service, based
on a twenty minute maximum normal time after arrival at the location for the tow; and
daily storage fees and list of other miscellaneous tow operation fees; and
7. Whether applicants are able to meet the maximum response time as determined by the
Police Chief.
E. With respect to selecting qualified tow truck operators responding to the RFQ,
preference will be given to tow truck operators that meet the following criteria:
1. Tow truck operators with a place of business and primary storage yard within the
boundaries of the City; and/or
2. Tow truck operators that possess or able to obtain a Class C and/or Class D tow truck.
12.78.060 Tow operator requirements.
A. As provided in the franchise agreement, a franchisee must meet the following
requirements, including, but not limited to:
1. Having a minimum of three (3) verifiable years of for-hire towing experience, as an
owner or principal, prior to responding to a request for qualifications to qualify for a
rotation tow listing;
2. Having a valid Motor Carrier Property (MCP) permit;
3. Manager(s) and all tow truck drivers must be enrolled in in the Employer Pull Notice
(EPN) program;
4. Providing service calls for the police department twenty-four hours a day, including
holidays;
5. Responding to requests for service by service by the Police Department or Code
Compliance Department by providing a tow vehicle at the response location no greater
than twenty (20) minutes form the time of such requests, with a properly equipped tow
truck of the class required to tow the vehicle, perform vehicle recovery (e.g., rollover,
down embankment), provide service (e.g., fuel, flat tire change), and be in possession of
the appropriate class of driver license, applicable endorsements, and permits.
6. Maintaining a valid Cathedral City Business License pursuant to Chapter 3.28 of the
Cathedral City Municipal Code;
7. Maintaining a primary storage yard located no greater than approximately twenty (20)
minutes driving distance from the center point of the City;
8. Ensuring franchisee's tow truck drivers responding to calls initiated by the City are
competent and possess a valid California driver's license of an appropriate class for the
vehicle to be driven, and a tow truck driver certificate or a temporary tow truck driver
certificate issued by the Department of the California Highway Patrol, to permit the
operation of the tow truck pursuant to Section 12520(a) of the California Vehicle Code;
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9. Possessing or being able to obtain at least one Class A tow truck (i.e., tow truck which
has a manufacturer's GVWR of at least 14,000 pounds) and Class B tow truck (i.e., tow
truck with a GVWR of at least 33,000 pounds, equipped with air brakes and a tractor
protection valve or device, and be capable of providing and maintaining continuous air to
the towed vehicle); and
10. Procuring and maintaining insurance during the term of the franchise agreement,
including, but not limited to, insurance required pursuant to Section 16500.5 of the
California Vehicle Code and the franchise agreement.
B. As provided in the franchise agreement, franchisee's must maintain its place of business
with the following requirements, including, but not limited to:
1. A sign which clearly identifies the place of business to the public as a tow service;
2. Business hours shall be posted in plain view to the public;
3. Sufficiently staffed to allow customers to talk face-to-face with a tow company's owner,
manager, or employee during normal business hours;
4. Open during normal business hours pursuant to Section 22651.07 (d) of the California
Vehicle Code;
5. Records of all tow services furnished, business records relating to personnel, insurance,
personnel taxes, payroll, applicable operating authorities, local operating authorities, lien
sale actions, driver's record of duty status (intrastate and/or interstate), Federal
Communication Commission licensing (if applicable), and non-City tows; and
6. Maintain business records for a period of two (2) years.
12.78.070 Rotation Tow Services Program
The tow truck operators who obtain a franchise pursuant to this chapter shall provide towing
service to the City pursuant to the Rotation Tow Services Program established by the Police
Chief.
12.78.080 Vehicle impound cost recovery fee.
A. The vehicle impound cost recovery fee ("VICR fee") shall be set by the Police
Department.
B. The City hereby establishes a VICR fee, payable when a registered owner or a legal
owner seeks the release of a vehicle which the Police Department has impounded.
C. A registered owner who redeems an impounded vehicle or requests its release from a
franchisee's storage facility shall first pay to the Police Department the VICR fee.
D. The Police Department may waive the VICR fee due to extenuating circumstances. It is
not the intention of the City nor the Police Department to penalize victims. Circumstances under
which the VICR fee may be waived include the impounding of recovered stolen or embezzled
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vehicles, and vehicles impounded due to driver injury or incapacitation.
12.78.090 Costs.
A. The City shall uniformly recover the fully burdened cost of operating the Tow Rotation
Program as provided by resolution, approved by the City Council, or by the approved rate sheet
in the franchise agreement.
B. Any tow truck operator granted a franchise pursuant to the provisions of this chapter
shall pay to the City a fee pursuant to the franchise agreement. Such fee shall not exceed the
City's annual cost of administration and enforcement of this chapter.
12.78.100 Franchise agreements.
All franchises granted by the Police Chief pursuant to this chapter shall be memorialized in a
written franchise agreement between the franchisee and the City.
12.78.110 [Reserved].
12.78.120 Authority to maintain City towing operations and storage yard.
Nothing in this chapter shall be construed as restricting or prohibiting the City from conducting
its own towing operations or maintaining its own storage yard, either in lieu of, or in addition to,
any franchise awarded pursuant to this chapter.
12.78.130 Compliance with law.
A. Franchisee shall, at all times, comply with federal, state, and local laws and ordinances.
Any conviction of the franchisee or employee involving a stolen or embezzled vehicle, fraud
related to the towing business, stolen or embezzled property, a crime of violence, a sexual
offense, a drug-related offense, felony driving while under the influence of alcohol and/or drugs,
misdemeanor driving while under the influence of alcohol and/or drugs, or acts of moral
turpitude should be cause for suspension or removal of an Franchisee, denial of an
Franchisee's application, or termination of the Tow Rotation Agreement.
C. City personnel, as well as franchisee's and their employees, shall not be offered nor
accept gratuities pursuant to Section 12110(a) California Vehicle Code.
D. No franchisee or their employees shall accept any gratuities from a repair shop for the
delivery of a vehicle, not owned by the repair shop or tow company, for the purpose of storage
or repair pursuant to Section 12110(c) California Vehicle Code.
E. A franchisee shall satisfy a court order mandating reimbursement to the vehicle or
property owner for the damage or loss which occurred while the vehicle was in the Franchisee's
custody.
F. A franchisee or employee arrested/charged for a violation involving any of the above
crimes should be suspended from the tow rotation program until the case is adjudicated.
12.78.140 Compliance with franchise agreement.
A. As a condition of inclusion in the rotation tow program, franchisee must comply with
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terms and conditions of the franchise agreement. Failure to comply with the terms and
conditions of the franchise agreement shall be cause for disciplinary action (i.e., written
reprimand, suspension, termination, or denial of an application).
B. A violation of the equipment requirements related to safety shall be cause for immediate
suspension. The suspension shall remain in effect until the suspension period is completed and
the City has inspected the equipment and concluded the franchisee is in compliance.
C. A violation of the gross vehicle weight rating (GVWR) and/or safe loading requirements
of a tow truck may be cause for immediate disciplinary action. This includes exceeding the tow
truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or
not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when
towing.
D. A violation of intentionally overcharging or a pattern of overcharging shall be cause for
suspension. The suspension shall remain in effect until the suspension period is completed and
proof of reimbursement to the aggrieved customer has been provided to the City.
E. Any unsatisfactory evaluation rating issued by the City shall be cause for suspension.
The suspension shall remain in effect until proof of a satisfactory compliance rating from the City
has been provided to the Chief of Police.
F. Allowing an incompetent tow truck driver to respond to a City call shall be cause for
disciplinary action of the franchisee.
G. A franchisee's failure or refusal to respond to a call by the City shall be cause for
disciplinary action of the franchisee.
H. A franchisee responding a tow truck driver to a City call (i.e., the drivers dispatched by
the franchisee) who has not been approved by the City shall be cause for disciplinary action of
the franchisee.
Franchisee shall not record (i.e., videotape or photograph) a scene unless it is for official
use by the tow company for business related reasons. The on-scene investigating officer or
incident commander shall make the determination when a franchisee may record a scene for
tow related business reasons. In the event a franchisee is determined to be in violation of this
provision, they will immediately surrender any such recording device to an officer of the City.
12.78.150 Disciplinary action.
A. The Chief of Police shall take disciplinary action against a franchisee for violations
investigated and sustained. Failure by the franchisee, or their agent, to comply with the terms
and conditions of the franchise agreement shall be cause for disciplinary action (i.e., written
reprimand, suspension, denial of an application, or termination from the Rotation Tow Program).
The Chief of Police shall retain discretion regarding the length of any suspension imposed
pursuant to the terms and conditions of this franchise agreement.
B. No provision of this chapter precludes the City from taking the appropriate enforcement
or administrative action for any violations of law.
C. No provision of this chapter shall be deemed to prohibit the City from immediately
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suspending, terminating, or denying an application of any franchisee or employee for any of the
following:
1. Whose conduct, in the opinion of the Chief of Police, is deemed to be a danger to the
motoring public (e.g., registered sex offender, acts of violence, fraud).
2. A violation of equipment requirements, related to safety.
3. Repeated failures or refusals to respond to a call.
4. Who has engaged in conduct constituting a flagrant violation of the AGREEMENT.
D. Records of violations shall be retained by the CITY for 36 months, plus the franchise
agreement term.
12.78.160 Terms of disciplinary action.
A. Violations of the terms and conditions of the franchise agreement may be cause for
disciplinary action in the following manner:
1. First violation within a 12-month period — letter of written reprimand.
2. Second violation within a 12-month period — one to 30-day suspension.
3. Third violation within a 12-month period — 60 to 90-day suspension.
4. Fourth violation within a 12-month period — termination of the franchise agreement.
No provision of this chapter precludes a Chief of Police from imposing a suspension for a first
violation.
B. Violations of the terms and conditions of the franchise agreement which warrant
suspension for the first violation are categorized as major violations. Any subsequent or
continuing major violation may be cause for termination. In lieu of termination, the City may
impose additional suspensions for longer periods, if deemed appropriate. When considering
disciplinary action for a major violation of the franchise agreement, a Chief of Police should take
into consideration all violations which have occurred within 36 months prior to the date of the
current violation.
C. A suspended or terminated franchisee shall not be eligible for a rotation listing for the
duration of the suspension or termination. This provision applies to the franchisee working in
any capacity within any tow business or operating any tow business, even if operated under
new ownership.
D. If the franchisee is serving a suspension, the franchisee shall be required to have
complied with all terms and conditions of the current franchise agreement at the time of
reinstatement.
E. A franchisee shall comply with all the terms of the suspension (i.e., restitution to victims,
court orders) prior to reinstatement or reapplication.
12.78.170 Hearing and appeal.
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A. A hearing shall be granted, upon a franchisees request, within ten (10) calendar days,
for any of the following circumstances:
1. Franchisee is served with disciplinary action.
2. Denial of a franchisees rotation tow application.
B. The Chief of Police shall provide written notification to the franchisee requesting a
hearing indicating acknowledgement of the hearing request and a hearing date assigned.
C. A hearing shall be held as soon as practicable. The hearing shall be conducted by the
Chief of Police or designee, and the franchisee shall be entitled to present all relevant facts and
circumstances in support of the franchisee's position. The franchisee shall be entitled to present
testimony of at least one qualified person (i.e., representation by counsel or attorney).
D. The franchisee shall be notified in writing of the Chief of Police's decision(s) within ten
(10) business days of the date of completion of the hearing.
E. Disciplinary action shall not take effect until the hearing and appeal process has been
exhausted, with the exception of franchisee whose conduct is deemed to be a danger to the
motoring public or who continue to violate the terms and conditions of this franchise agreement.
G. If a franchisee fails to request a hearing or appeal within the specified time or fails to
appear at a scheduled hearing or appeal, the action taken by the City Chief of Police shall be
final and the disciplinary action shall take effect upon written notification to the franchisee by the
Chief of Police.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA, ADDING CHAPTER
12.78 TO THE CITY OF CATHEDRAL CITY MUNICIPAL
CODE REGARDING ROTATIONAL TOWING SERVICES
WHEREAS, Pursuant to California Vehicle Code section 12110(b), the City has
the authority to grant franchises to companies that provide certain towing services and to
collect a franchise tow service fee to offset actual and reasonable costs incurred in
connection with administering its towing program; and
WHEREAS, since 2014 the City has had nonexclusive franchise agreements with
Mohica Towing and South West Towing that serve on a revolving rotational schedule as
determined by the Cathedral City Police Department ("Police Department"); and
WHEREAS, the City Council desires to increase the number of tow operators
providing services to the City; and
WHEREAS, the City Council desires to codify the procedures for operating a Tow
Rotational Program that provides for safe, efficient and rapid removal of vehicles and to
help maintain safety on the roadways and throughout the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
The City Council hereby finds that all of the foregoing recitals and the staff report
presented herewith are true and correct and are hereby incorporated and adopted as
findings of the City Council as if fully set forth herein.
SECTION 2. CHAPTER 12.78 OF TITLE 12 OF THE CITY OF CATHEDRAL CITY
MUNICIPAL CODE.
Chapter 12.78 [Rotational Towing Services] of Title 12 the City of Cathedral City
Municipal Code is hereby added to read as shown in Exhibit "A".
SECTION 3. EFFECTIVE DATE.
This ordinance shall be effective 30 days from and after its final passage.
SECTION 4. SEVERABILITY.
If any section, subsection, subdivision, 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, then such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Cathedral City hereby
declare they would have adopted this ordinance, and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any
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one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
SECTION 5. PUBLICATION.
The City Clerk is authorized and directed to cause this ordinance to be published
within fifteen (15) days after its passage in a newspaper of general circulation and
circulated within the City in accordance with Government Code Section 36933(a) or, to
cause this ordinance to be published in the manner required by law using the alternative
summary and posting procedure authorized under Government Code (c).
INTRODUCED at the regular meeting of Cathedral City Council on the day
of 2023.
PASSED, APPROVED AND ADOPTED at the regular meeting of Cathedral City
Council on the day of 2023.
AYES:
NOES:
ABSTAIN
Rita Lamb, Mayor
ATTEST:
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
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Exhibit A
Chapter 12.78
ROTATIONAL TOWING SERVICES
Sections:
12.78.010 Purpose and intent.
12.78.020 Definitions.
12.78.030 Tow truck operator franchise.
12.78.040 Nonexclusive franchise.
12.78.050 Selection of franchisees.
12.78.060 Tow operator requirements.
12.78.070 Rotation Tow Services Program.
12.78.080 Vehicle impound cost recovery fee.
12.78.090 Costs.
12.78.100 Franchise agreements.
12.78.110 [Reserved].
12.78.120 Authority to maintain City towing operations and storage yard.
12.78.130 Compliance with law.
12.78.140 Compliance with franchise agreement.
12.78.150 Disciplinary action.
12.78.160 Terms of disciplinary action.
12.78.170 Hearing and appeal.
12.78.010 Purpose and intent.
It is the intent of this chapter and any subsequent amendments thereto to prescribe the basic
regulations for the operation of the City of Cathedral City ("City") and Cathedral City Police
Department ("Police Department") towing service in emergency situations and in the removal of
vehicles that are abandoned, involved in an accident, or constitute an obstruction to traffic
because of mechanical failure. It is the purpose of the City Council in enacting this chapter to
provide fair and impartial means of distributing requests for towing services among qualified
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franchises, and to ensure that such services are prompt and reasonably priced, and in the best
interest of the public as well as the interest of efficient policing operations for the removal of
such vehicles from public streets.
12.78.020 Definitions.
For purposes of this chapter, the following terms, phrases, words, and derivations shall have the
meaning given in this section:
"City Manager" means the City Manager of the City of Cathedral City.
"Franchise agreement" means an agreement between the City and a franchisee for the purpose
of providing towing services as provided in this chapter.
"Franchisee" means a certain tow truck operator to which the Police Chief, in cooperation with
the City Manager, grant a nonexclusive franchise for purposes of providing towing services to
the City under and pursuant to the provisions of this chapter.
"Police Chief' means the Chief of Police of the Police Department of the City of Cathedral City.
"Police Department" means the Police Department of the City of Cathedral City.
"Code Compliance Department" means the City's Code Compliance Department.
"Primary Storage Yard" means a permanent securely fenced enclosed storage area of an
adequate size for the proper storage of vehicles towed and/or impounded, that is controlled by
the franchisee, and is located no greater than approximately twenty (20) minutes driving
distance from the center point of the City.
"Place of Business" means the principal place of business of the towing company where
owner(s) and/or manager(s) conduct and coordinate the tow company's business.
12.78.030 Tow truck operator franchise.
The Police Chief, in cooperation with the City Manager, may at their discretion grant a
nonexclusive franchise to a tow truck operator ("franchisee") to provide towing services to the
City under and pursuant to the provisions of this chapter.
12.78.040 Nonexclusive franchise.
A. All franchises granted to franchisees pursuant to this chapter shall be nonexclusive and
shall be for a term to be specified by the Police Chief in the franchise agreement between the
City and the franchisee.
B. No provisions of this chapter shall be deemed to require restricting the number of
franchises to one or any particular number, and no provision of this chapter shall be deemed to
require the Police Chief to grant any franchise if the Police Chief determines that the grant of
any such franchise is not in the best interest of the City and the public.
C. No provision of this chapter shall be deemed to restrict the City's ability to enter into an
agreement with a towing company that does not meet the qualifications as provided herein in
order to provide specialized towing services on an as needed basis.
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12.78.050 Selection of franchisees.
A. The selection of the franchisees shall be done through a competitive selection process.
Upon any opening(s) on the rotation list, the Police Chief, in cooperation with the City Manager,
shall issue a notice of request for qualifications (RFQ) to solicit interested tow truck operators.
The RFQ shall be posted on the City's website and posted on a website devoted to procurement
services, bid and vendor management such as Planetbids.com. Responses to the RFQ shall be
due no earlier than 20 days following posting of the notice as required herein.
B. The Police Chief, in coordination with the City Manager or designee, shall evaluate the
qualifications of the tow truck operators responding to the RFQ. No later than 60 days after
receipt of the responses to the RFQ, the Police Chief shall submit to the City Council for
consideration the qualifications of the tow truck operator(s) that they deem most qualified
together with a franchise agreement pursuant to the Rotation Tow Services Program.
C. With respect to the selection process as provided herein, the Police Chief shall
determine the number of franchisees needed to provide towing services to the Police
Department. In determining the required number of franchisees, the Police Chief may consider
the following factors:
1. The operational needs of the Police Department;
2. Population growth;
3. The number of currently authorized franchisees and their average response time;
4. Administrative burdens imposed by the number of franchisees to be included in a
rotation list; and
5. Such other reasonable factors as determined by the Police Chief.
D. With respect to evaluating the qualifications of the tow truck operators responding to the
RFQ, the Police Chief shall consider the following factors:
1. Whether the applicants can satisfy the insurance, business license, and tow operator
permit requirements of the franchise agreement;
2. Whether the applicants are qualified on the basis of prior experience in the towing
operation business and financial responsibility;
3. Whether the tow operation applicants can provide service calls for the police department
twenty-four hours a day, including holidays;
4. Whether the applicants will accept all tows requested by the city, including tows of
abandoned or dismantled vehicles and/or tows requiring special equipment;
5. Whether the applicant, or any person involved with the applicant has been refused a
towing permit or contract or had a towing permit or contract suspended or revoked by
this city or any other city;
6. Applicants' rates, fees and other charges when the tow is initiated by a call from the city,
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including, applicants standard tow rate; impoundment rates for day and night and
whether an after-hours release fee is charged; hourly rates for extended service, based
on a twenty minute maximum normal time after arrival at the location for the tow; and
daily storage fees and list of other miscellaneous tow operation fees; and
7. Whether applicants are able to meet the maximum response time as determined by the
Police Chief.
E. With respect to selecting qualified tow truck operators responding to the RFQ,
preference will be given to tow truck operators that meet the following criteria:
1. Tow truck operators with a place of business and primary storage yard within the
boundaries of the City; and/or
2. Tow truck operators that possess or able to obtain a Class C and/or Class D tow truck.
12.78.060 Tow operator requirements.
A. As provided in the franchise agreement, a franchisee must meet the following
requirements, including, but not limited to:
1. Having a minimum of three (3) verifiable years of for-hire towing experience, as an
owner or principal, prior to responding to a request for qualifications to qualify for a
rotation tow listing;
2. Having a valid Motor Carrier Property (MCP) permit;
3. Manager(s) and all tow truck drivers must be enrolled in in the Employer Pull Notice
(EPN) program;
4. Providing service calls for the police department twenty-four hours a day, including
holidays;
5. Responding to requests for service by service by the Police Department or Code
Compliance Department by providing a tow vehicle at the response location no greater
than twenty (20) minutes form the time of such requests, with a properly equipped tow
truck of the class required to tow the vehicle, perform vehicle recovery (e.g., rollover,
down embankment), provide service (e.g., fuel, flat tire change), and be in possession of
the appropriate class of driver license, applicable endorsements, and permits.
6. Maintaining a valid Cathedral City Business License pursuant to Chapter 3.28 of the
Cathedral City Municipal Code;
7. Maintaining a primary storage yard located no greater than approximately twenty (20)
minutes driving distance from the center point of the City;
8. Ensuring franchisee's tow truck drivers responding to calls initiated by the City are
competent and possess a valid California driver's license of an appropriate class for the
vehicle to be driven, and a tow truck driver certificate or a temporary tow truck driver
certificate issued by the Department of the California Highway Patrol, to permit the
operation of the tow truck pursuant to Section 12520(a) of the California Vehicle Code;
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9. Possessing or being able to obtain at least one Class A tow truck (i.e., tow truck which
has a manufacturer's GVWR of at least 14,000 pounds) and Class B tow truck (i.e., tow
truck with a GVWR of at least 33,000 pounds, equipped with air brakes and a tractor
protection valve or device, and be capable of providing and maintaining continuous air to
the towed vehicle); and
10. Procuring and maintaining insurance during the term of the franchise agreement,
including, but not limited to, insurance required pursuant to Section 16500.5 of the
California Vehicle Code and the franchise agreement.
B. As provided in the franchise agreement, franchisee's must maintain its place of business
with the following requirements, including, but not limited to:
1. A sign which clearly identifies the place of business to the public as a tow service;
2. Business hours shall be posted in plain view to the public;
3. Sufficiently staffed to allow customers to talk face-to-face with a tow company's owner,
manager, or employee during normal business hours;
4. Open during normal business hours pursuant to Section 22651.07 (d) of the California
Vehicle Code;
5. Records of all tow services furnished, business records relating to personnel, insurance,
personnel taxes, payroll, applicable operating authorities, local operating authorities, lien
sale actions, driver's record of duty status (intrastate and/or interstate), Federal
Communication Commission licensing (if applicable), and non-City tows; and
6. Maintain business records for a period of two (2) years.
12.78.070 Rotation Tow Services Program
The tow truck operators who obtain a franchise pursuant to this chapter shall provide towing
service to the City pursuant to the Rotation Tow Services Program established by the Police
Chief.
12.78.080 Vehicle impound cost recovery fee.
A. The vehicle impound cost recovery fee ("VICR fee") shall be set by the Police
Department.
B. The City hereby establishes a VICR fee, payable when a registered owner or a legal
owner seeks the release of a vehicle which the Police Department has impounded.
C. A registered owner who redeems an impounded vehicle or requests its release from a
franchisee's storage facility shall first pay to the Police Department the VICR fee.
D. The Police Department may waive the VICR fee due to extenuating circumstances. It is
not the intention of the City nor the Police Department to penalize victims. Circumstances under
which the VICR fee may be waived include the impounding of recovered stolen or embezzled
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vehicles, and vehicles impounded due to driver injury or incapacitation.
12.78.090 Costs.
A. The City shall uniformly recover the fully burdened cost of operating the Tow Rotation
Program as provided by resolution, approved by the City Council, or by the approved rate sheet
in the franchise agreement.
B. Any tow truck operator granted a franchise pursuant to the provisions of this chapter
shall pay to the City a fee pursuant to the franchise agreement. Such fee shall not exceed the
City's annual cost of administration and enforcement of this chapter.
12.78.100 Franchise agreements.
All franchises granted by the Police Chief pursuant to this chapter shall be memorialized in a
written franchise agreement between the franchisee and the City.
12.78.110 [Reserved].
12.78.120 Authority to maintain City towing operations and storage yard.
Nothing in this chapter shall be construed as restricting or prohibiting the City from conducting
its own towing operations or maintaining its own storage yard, either in lieu of, or in addition to,
any franchise awarded pursuant to this chapter.
12.78.130 Compliance with law.
A. Franchisee shall, at all times, comply with federal, state, and local laws and ordinances.
Any conviction of the franchisee or employee involving a stolen or embezzled vehicle, fraud
related to the towing business, stolen or embezzled property, a crime of violence, a sexual
offense, a drug-related offense, felony driving while under the influence of alcohol and/or drugs,
misdemeanor driving while under the influence of alcohol and/or drugs, or acts of moral
turpitude should be cause for suspension or removal of an Franchisee, denial of an
Franchisee's application, or termination of the Tow Rotation Agreement.
C. City personnel, as well as franchisee's and their employees, shall not be offered nor
accept gratuities pursuant to Section 12110(a) California Vehicle Code.
D. No franchisee or their employees shall accept any gratuities from a repair shop for the
delivery of a vehicle, not owned by the repair shop or tow company, for the purpose of storage
or repair pursuant to Section 12110(c) California Vehicle Code.
E. A franchisee shall satisfy a court order mandating reimbursement to the vehicle or
property owner for the damage or loss which occurred while the vehicle was in the Franchisee's
custody.
F. A franchisee or employee arrested/charged for a violation involving any of the above
crimes should be suspended from the tow rotation program until the case is adjudicated.
12.78.140 Compliance with franchise agreement.
A. As a condition of inclusion in the rotation tow program, franchisee must comply with
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terms and conditions of the franchise agreement. Failure to comply with the terms and
conditions of the franchise agreement shall be cause for disciplinary action (i.e., written
reprimand, suspension, termination, or denial of an application).
B. A violation of the equipment requirements related to safety shall be cause for immediate
suspension. The suspension shall remain in effect until the suspension period is completed and
the City has inspected the equipment and concluded the franchisee is in compliance.
C. A violation of the gross vehicle weight rating (GVWR) and/or safe loading requirements
of a tow truck may be cause for immediate disciplinary action. This includes exceeding the tow
truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or
not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when
towing.
D. A violation of intentionally overcharging or a pattern of overcharging shall be cause for
suspension. The suspension shall remain in effect until the suspension period is completed and
proof of reimbursement to the aggrieved customer has been provided to the City.
E. Any unsatisfactory evaluation rating issued by the City shall be cause for suspension.
The suspension shall remain in effect until proof of a satisfactory compliance rating from the City
has been provided to the Chief of Police.
F. Allowing an incompetent tow truck driver to respond to a City call shall be cause for
disciplinary action of the franchisee.
G. A franchisee's failure or refusal to respond to a call by the City shall be cause for
disciplinary action of the franchisee.
H. A franchisee responding a tow truck driver to a City call (i.e., the drivers dispatched by
the franchisee) who has not been approved by the City shall be cause for disciplinary action of
the franchisee.
Franchisee shall not record (i.e., videotape or photograph) a scene unless it is for official
use by the tow company for business related reasons. The on-scene investigating officer or
incident commander shall make the determination when a franchisee may record a scene for
tow related business reasons. In the event a franchisee is determined to be in violation of this
provision, they will immediately surrender any such recording device to an officer of the City.
12.78.150 Disciplinary action.
A. The Chief of Police shall take disciplinary action against a franchisee for violations
investigated and sustained. Failure by the franchisee, or their agent, to comply with the terms
and conditions of the franchise agreement shall be cause for disciplinary action (i.e., written
reprimand, suspension, denial of an application, or termination from the Rotation Tow Program).
The Chief of Police shall retain discretion regarding the length of any suspension imposed
pursuant to the terms and conditions of this franchise agreement.
B. No provision of this chapter precludes the City from taking the appropriate enforcement
or administrative action for any violations of law.
C. No provision of this chapter shall be deemed to prohibit the City from immediately
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suspending, terminating, or denying an application of any franchisee or employee for any of the
following:
1. Whose conduct, in the opinion of the Chief of Police, is deemed to be a danger to the
motoring public (e.g., registered sex offender, acts of violence, fraud).
2. A violation of equipment requirements, related to safety.
3. Repeated failures or refusals to respond to a call.
4. Who has engaged in conduct constituting a flagrant violation of the AGREEMENT.
D. Records of violations shall be retained by the CITY for 36 months, plus the franchise
agreement term.
12.78.160 Terms of disciplinary action.
A. Violations of the terms and conditions of the franchise agreement may be cause for
disciplinary action in the following manner:
1. First violation within a 12-month period — letter of written reprimand.
2. Second violation within a 12-month period —one to 30-day suspension.
3. Third violation within a 12-month period — 60 to 90-day suspension.
4. Fourth violation within a 12-month period —termination of the franchise agreement.
No provision of this chapter precludes a Chief of Police from imposing a suspension for a first
violation.
B. Violations of the terms and conditions of the franchise agreement which warrant
suspension for the first violation are categorized as major violations. Any subsequent or
continuing major violation may be cause for termination. In lieu of termination, the City may
impose additional suspensions for longer periods, if deemed appropriate. When considering
disciplinary action for a major violation of the franchise agreement, a Chief of Police should take
into consideration all violations which have occurred within 36 months prior to the date of the
current violation.
C. A suspended or terminated franchisee shall not be eligible for a rotation listing for the
duration of the suspension or termination. This provision applies to the franchisee working in
any capacity within any tow business or operating any tow business, even if operated under
new ownership.
D. If the franchisee is serving a suspension, the franchisee shall be required to have
complied with all terms and conditions of the current franchise agreement at the time of
reinstatement.
E. A franchisee shall comply with all the terms of the suspension (i.e., restitution to victims,
court orders) prior to reinstatement or reapplication.
12.78.170 Hearing and appeal.
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A. A hearing shall be granted, upon a franchisees request, within ten (10) calendar days,
for any of the following circumstances:
1. Franchisee is served with disciplinary action.
2. Denial of a franchisees rotation tow application.
B. The Chief of Police shall provide written notification to the franchisee requesting a
hearing indicating acknowledgement of the hearing request and a hearing date assigned.
C. A hearing shall be held as soon as practicable. The hearing shall be conducted by the
Chief of Police or designee, and the franchisee shall be entitled to present all relevant facts and
circumstances in support of the franchisee's position. The franchisee shall be entitled to present
testimony of at least one qualified person (i.e., representation by counsel or attorney).
D. The franchisee shall be notified in writing of the Chief of Police's decision(s) within ten
(10) business days of the date of completion of the hearing.
E. Disciplinary action shall not take effect until the hearing and appeal process has been
exhausted, with the exception of franchisee whose conduct is deemed to be a danger to the
motoring public or who continue to violate the terms and conditions of this franchise agreement.
G. If a franchisee fails to request a hearing or appeal within the specified time or fails to
appear at a scheduled hearing or appeal, the action taken by the City Chief of Police shall be
final and the disciplinary action shall take effect upon written notification to the franchisee by the
Chief of Police.
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