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HomeMy WebLinkAboutReso - CC - 018-2009RESOLUTION NO. 18-2009 RESOLUTION OF THE CITY COUNCILOF THE CITY OF BURLINGAME AMENDING THE BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS AND APPROVING INCREASED RATES FOR CHARGES BY TOWING COMPANIES ON THE POLICE DEPARTMENT ROTATION TOW LIST WHEREAS, the Burlingame Police Department employs a rotation list of qualified towing businesses to remove abandoned or disabled vehicles from public streets and rights-of-way in the City; and WHEREAS, the City of Burlingame requires that towing businesses placed on the Burlingame Police Department's rotation tow list comply with certain qualifications and requirements contained in the Department's "Rotation Tow Truck Regulations", approved by the City Council and amended from time to time; and WHEREAS, D&M Towing and Tressers Towing have requested that the City allow increased charges for towing and storage consistent with nearby agencies; and WHEREAS, a survey of other public agencies in San Mateo County shows that the Burlingame Police Department's proposed rates and charges are consistent with those of other agencies; and WHEREAS, the Burlingame Police Department Rotation Tow Truck Regulations require amendment to ensure consistency of language, compliance with law and to change maximum rates and charges which can be charged by towing companies on the Police Department's rotation tow list. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. The following rates are approved as the maximum charges which towing companies on the Burlingame Police Department rotation list may charge for police generated towing services: Description of Service Maximum Rate a) Towing disabled vehicle $200.00 b) Towing abandoned vehicle $200.00 c) Storing towed vehicle $ 70.00 per day (storage for each 24-hour period or fraction thereof after first 4 hours) d) Use of dolly $30.00 e) Use of forklift to remove from storage $50.00 f) Towing heavy vehicle Class B Truck $300.00 Class C Truck $375.00 Class D Truck $400.00 g) Storing heavy vehicle $70.00 (storage for each 24-hour period or fraction thereof after first 4 hours) h) Storing heavy vehicle in excess of 20 feet, $75.00 per every 20 feet (as alternative to, not in addition to, flat rate) (storage for each 24-hour period or fraction thereof after first 4 hours) i) Gate fee $100.00 2. The Burlingame Police Department Rotation Tow Truck Regulations as amended (attached hereto and incorporated herein as Exhibit "A"), are approved. 'ice &�/ i Aim Keighran, e. I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 2"d day of March, 2009, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: Baylock, Deal, Keighran, Nagel, O'Mahony NOES: COUNCILMEMBERS: None ABSENT: COUNULMEMBERS: None Mary Ellen Kearney, City Clerk Burlingame Police Department Rotation Tow Truck Regulations In BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) A. OBJECTIVE: To provide 24 hour service through the Burlingame Police Department ("BPD") to the public in the event of mechanical defect, disability of the driver, or the removal of vehicle(s) due to traffic collision on the streets that are under the jurisdiction of the Burlingame Police Department. The maximum fees that those tow truck companies who wish to be placed on the Burlingame Police Department Rotation List, may charge forthese towing services are set by Resolution of the Burlingame City Council. B. POLICY: 1. Tow Services under these Regulations shall be operated on a rotation basis within the geographic boundary of the City of Burlingame. 2. Burlingame Police Department will establish one (1) rotation list. All accident, impounds, abandoned, and traffic hazard vehicles will be entered on this list. 3. All Burlingame Police Department requests ( "call", herein) for tow services, with the exception of AAA, National Automobile Club, Allstate, and State Farm or at owner's request, will be given to the company at the top of the rotation list. Any tow company which either fails to respond to the call within a reasonable time or refuses to respond to a call, will be rotated as if they had received and processed the call. That call will then go to the next company on the rotation list. 4. All tow companies on the rotation list will make available for inspection by BPD, the California Highway Patrol annual inspection form for each tow vehicle used within the City of Burlingame. All tow trucks and equipment shall be maintained in good working order and may be, but is not required to be, inspected by BPD personnel. S. All tow companies on the rotation list will immediately make written notification to the BPD of any change of ownership, change of address of the business and/or facilities or any other change in status. 6. The owner of the tow company shall immediately notify the Chief of Police when a party or parties, not originally listed on the sale of the business, is added as an owner or partner in the tow business. When the business is sold to a new owner, authorization for the towing on the rotation list is automatically canceled. A new application must be submitted for review by the Chief of Police. 7. The Communications Division of the BPD will keep a daily log of rotation lists and all tow calls; both logs will be made available to the tow companies on the rotation lists. C. GENERAL REQUIREMENTS AND CONDITIONS: 1. All tow companies on the BPD rotation list will provide 24-hourtow service, seven days a week, within the city limits of the City of Burlingame. It shall be the owner's responsibility to immediately notify the BPD if, at any time, they are unable to provide such services or any portion thereof. I have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) 2. 24 -hours telephone numbers are required of tow companies. An answering service may be used but it shall be the responsibility of the tow company owner to see that such answering service complies with all regulations set forth herein. 3. All tow companies maintain current liability insurance in the amounts and types required herein. All tow companies shall provide BPD evidence of such insurance in the form of s certificate of insurance. Required insurance shall include coverage which protects disabled vehicles while being towed and vehicles while being stored. Policy expiration dates and notice of cancellation shall also be provided upon request to BPD. Insurance shall be as follows: a. Commercial general liability insurance, including bodily injury, personal injury, and property damage with combined single limit of no less than one million dollars ($1,000,000.) combined single limit per occurrence for bodily injury, personal injury, and property damage. b. Automobile liability insurance policy ensuring tow company and tow company s personnel to an amount not less than one million dollars ($1,000,000.) combined single limit per occurrence for bodily injury, per accident for bodily injury and property damage. c. On -hook coverage, insuring the vehicle in tow with limits of not less than $100,000. d. Garage liability, including premises and operations, for bodily injury and property damage with a combined single limit of not less than $1,000,000. e. Garage Keepers liability of not less than $500,000. f. In addition to these policies, each tow company shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Burlingame Police Department. 4. In order to be eligible to be placed on the BPD rotation list, a tow company shall have a minimum of three (3) continuous and verifiable years of "for -hire" towing experience. Experience will be investigated, evaluated and determined by the BPD. 5. Tow Companies not placed on the police tow list, shall be advised that non-acceptance by the BPD does not preclude their operation as a tow service, provided that such companies comply with all applicable, local, state and federal rules, regulations and laws. 6. No tow company or tow company officer or employee shall conspire, attempt to conspire, or commit any action of collusion with any other tow company for the purpose I have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) of secretly, or otherwise, establishing an understanding regarding the rotation or handling of calls that would interfere with or prejudice the operation of the rotation list. 7. Upon ten day prior mailed notice, BPD may conduct quarterly meetings to discuss issues regarding tow rotation. Any such meeting is mandatory for the tow company to attend through an authorized representative. Failure to attend shall be grounds for suspension from the BPD rotation tow list. 8. No tow company shall display any language or engage in any representation or advertisement indicating an official or unofficial connection with BPD or the City of Burlingame. 9. Each tow company warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Tow company does not and shall not discriminate against persons employed or seeking employment on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion or medical condition, unless based on a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. In performing services underthis Agreement, no tow company nor any company officer or employee shall discriminate against any person on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion or medical condition, unless based upon a bona fide safety limitation founded on manufacturer, Consumer Product Safety, and Department of Justice guidelines. D. FACILITIES: 1. Any tow company on the rotation list must maintain a physical place of business (" site") within the City of Burlingame city limits. Each tow company shall provide BPD with evidence that it has the right to enter and use said site for its towing service (e.g., deed, lease, rental agreement, etc.). Each tow company's site must include adequate storage area that is fenced, locked, and well -lighted. Location of these storage areas must have the approval of the BPD. At the time that a tow company requests approval of BPD, the tow company shall provide written evidence that the property use will be in conformance with Chapter 25 (Zoning Code) of the Burlingame Municipal Code. (Tow operators storing Heavy Vehicles may have an alternate location for the storage of Heavy Vehicles only. Requests to store Heavy Vehicles outside the City of Burlingame must be submitted to the Chief of Police in writing, prior to being accepted on the tow rotation list. All out -of -city facilities for Heavy Vehicles are subject to the rules, regulations, and requirements of these tow truck regulations.) Eli I have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) 2. The premises of each tow company shall be equipped with signs and/or markings, visible day or night, clearly stating the name of the tow company, the address of business, and an operational 24-hour telephone number.. E. TOW TRUCKS: 1. Each tow company's tow trucks shall be clearly marked with the name of the tow company, the address of the business, and an operational 24-hour telephone number. The lettering shall be a minimum of two and one half (2-1/2) inches in height, and the signs shall be placed on both the right and left front doors of all tow vehicles. 2. A tow company shall equip and maintain at least three (3) tow trucks in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, and in a manner consistent with industry standards and practices. In particular: a. All tow trucks shall have recovery capabilities, wheel -lift capabilities, and a boom meeting the specifications contained in these regulations. Class D tow trucks used exclusively for salvage and recovery operations are not required to possess underlift capabilities. b. A tow company that has a car carrier is exempted for the recovery, wheel lift„ and boom capability requirements. However, the car carrier must have an additional unit. c. Wheel -lift -only trucks may be used in lieu of a boom truck to expedite towing when use of a boom truck would delay or make the tow more dangerous or difficult. However, tow companies shall have a boom truck as part of their designated two truck fleet, and it must be immediately available in the event a wheel -lift- only truck is not adequate for the tow. F. TOW COMPANY PERSONNEL: Tow companies shall conduct their towing service business in conformance with the best management and operational practices of the towing industry and shall conform to accepted ethical business practices. Owners, operators, drivers and employees shall be of good character and shall provide prompt, efficient, and courteous services to all concerned. Tow truck drivers and operators shall be employees, not volunteers or independent contractors, of the tow companies that dispatch the driver. 1. Tow truck company owners, operators and their drivers shall demonstrate sufficient knowledge of tow car operation to insure safe and proper discharge of their service responsibilities. 5 1 have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) a. Operators and drivers shall possess a proper class of California Drivers license in accordance with Section 12520 of the California Vehicle Code endorsed to allow operation of special vehicle configurations and special cargoes. b. Operators and drivers shall possess a current, permanent California Drivers License which has not expired, and which has not been either suspended or revoked. c. Operators and drivers shall have knowledge of streets and primary locations within the City of Burlingame. d. Tow truck drivers and operators shall be at least eighteen (18) years of age. 2. Tow companies shall provide and maintain a current list of its officers and drivers with BPD. The list shall be updated within seven (7) days of any change and shall be completely updated and renewed annually. Each tow company officer and each tow company driver shall complete and timely file the information required by BPD before undertaking any tow services related to the rotation list. Each driver and officer shall submit to fingerprinting by BPD, and BPD will check criminal background of the driver or officer before said officer or driver may render services in connection with the rotation list. The submittal of false information to BPD regarding a driver is grounds for refusal to authorize the driver to provide services related to the rotation list. The submittal of false information to BPD regarding an officer is grounds for refusal to authorize or continue to authorize the tow company to participate on the rotation list. 3. Each tow company shall enroll its drivers in the Pull Notice Program of the Department of Motor Vehicles. Pull notices shall be kept on file, initialed, and dated by the tow company. 4. While involved in operations and related business dealings with the public and BPD, tow company personnel shall not engage in any acts of misconduct, including but not limited to: a. Rude or discourteous behavior. b. Failure to provide service, selective service, or refusal to provide service that the tow company is capable of performing. c. Any act of sexual harassment or sexual impropriety. d. Unsafe driving practices. e. Exhibiting any objective symptoms of operating a vehicle or equipment while under the influence of alcohol or illegal drugs. 0 I have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) f. Appearing at the scene of a rotation list tow call with the odor of an alcoholic beverage emitting from the person's breath. The employee shall submit to a preliminary alcohol screening test upon demand of a BPD officer. 5. No officer, driver or employee of any tow company shall be allowed to participate in any call or business activity related to the rotation tow list if the officer, driver or employee has been convicted of any of the following within the previous five (5) years: a. A crime of violence or a crime of moral turpitude, including theft or embezzlement of property. b. Felony driving while under the influence of alcohol and/or a drug 6. No officer, driver or employee of any tow company shall be allowed to participate in any call or business activity related to the rotation tow list if the officer, driver or employee is a registered sex offender, is a registered arsonist, or has been convicted of any of the following at anytime: a. Theft or embezzlement of a vehicle or parts of a vehicle b. Burglary, embezzlement or grand theft. c. Alteration or removal of a vehicle identification number. d. Fraud involving a vehicle. G. RESPONSE REQUIREMENTS AND PROHIBITIONS: 1. Prompt and lawful response to calls shall be provided during daytime within ten (10) and no more than fifteen (15) minutes; and, during nighttime (6:00 pm until 7:00 am) within fifteen (15) and no more than twenty (20) minutes. 2. Strict observance of Section 22513 of California Vehicle Code and County Ordinance Code Chapter 7.64 regulating tow cars is required. 3. Requests by drivers or owners of disabled vehicles for specific tow service shall be honored by BPD except when such a situation exists that it is not practical to honor a specific request, in which instance the next in line tow service on the police rotation list shall be called. 4. If more than one (1) vehicle is involved in an accident, the company that is called from the rotation list will handle all of the vehicles involved (except as noted under Item #11) or except when the investigating officer and/or the officer's superior(s) shall deem it necessary to call for additional tow services to aid in prompt removal of disabled vehicles and/or clearing of roadways and/or elimination of hazardous situations; this 7 1 have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) shall be at the sole discretion of the investigating officer and/or the officer's superior(s) at which time the next company on the rotation list shall be called. S. Tow drivers are responsible for promptly sweeping and removing debris at the accident scene. 6. Any tow truck on the rotation list responding to any accident within the jurisdiction of the City of Burlingame without being called to the scene of the accident by a Burlingame Police Department dispatcher will be subject to Subsection K (Failure to Obey). 7. A violation of the Gross Vehicle Weight Rating (GVWR) and safe loading requirements of a tow truck may be cause for a tow company's immediate suspension from the rotation to list. This includes exceeding the tow truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining fifty percent (50%) of the tow truck's unladen front axle weight on the front axle when towing 8. If towing and/or recovery has begun and is canceled by the vehicle's owner or agent, the tow company may charge one-half of the regular hourly service fee for the time expended on the call. (Drop fee) For purposes of cancellation, service begins when physical work on the vehicle has begun, not the response. No lien shall arise for the service unless the tow company has presented a written statement to the vehicle's owner or agent for the signed authorization of services to be performed. The tow company shall not attempt to take possession of the vehicle in order to establish a lien for any non -towing services performed, or begun and subsequently canceled, when not entitled to such a lien by law. Civil Code section 3068.1 establishes when a lien begins. 9. All claim(s) of overcharging by a tow company on the rotation tow list will be reviewed and investigated by BPD. Notice of such claim shall be given to the tow company owner who shall be given seven calendar days to respond. If the claim of overcharging is substantiated by BPD, the responsible tow company will be subject to Subsection K (Failure to Obey). BPD'S decision will be final. 10. AAA, NAC, STATE FARM, and ALLSTATE tow trucks will not be charged for next in line if a member of those tow service providers is involved in an accident, or is in need of service. This BPD'S rotation tow list. 11. Tow truck operators, drivers or employees shall not stop at a scene of an accident unless they have been summoned to render assistance. Tow truck operators, drivers or employees shall notify the BPD dispatcher of the situation. The dispatcher will then send the next in line rotation tow, or if applicable, to AAA, NAC, STATE FARM, or ALLSTATE tow service in the City's jurisdiction. 12. Tow company owners, drivers, employees or operators shall not telephone or personally come to BPD to check with the dispatcher to find out their position on the E:3 I have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) rotation tow list. Complaints regarding tow operations shall be directed to the Director of Traffic of the BPD. 13. When towing from private property, tow company operators, owners, drivers or employees shall advise the BPD dispatcher of the towed vehicles' description, license number the VIN, and the location from which the vehicle was towed,, within thirty (30) minutes of initiating the tow, or as soon as practicable thereafter. H. STORAGE AND RELEASE: 1. The tow companies on the BPD rotation tow list shall provide a receipt with a copy placed in the stored vehicle and a copy to BPD whenever any item is removed from a stored vehicle for whatever reason. The receipt shall clearly identify the items(s) and the location where they were taken and for what purpose. 2. All stored vehicles shall be released to their owners or representatives within thirty (30) minutes, 24 hours a day. All personal property within the vehicle shall be given to the owner or owner's authorized representative upon request regardless of the stored and/or held status of the vehicle, with the EXCEPTION OF IMPOUND vehicles. This can be ascertained by checking the BPD Impound Form. If the IMPOUND box is checked, then tow company owners, operators, drivers or employees SHALL NOT RELEASE the vehicle or its contents, but shall advise the owner or owner's representative to obtain a release from BPD in order to secure release of the vehicle. 3. Any tow operator with a business office which is in a different location than its storage yard shall allow all persons the opportunity to pay fees owed at the storage yard within the city limits. No person shall be made to leave the city to pay fees due, and then return to the city to retrieve the person's vehicle. Any person who retrieves the person's vehicle directly from a storage yard will be provided with a copy of the tow fee schedule, along with all other required documentation. I. RECORDS: 1. Records shall be maintained by each tow company of all tow services furnished under the BPD Rotation tow List. Such records shall include, but are not limited to: description of vehicle towed, nature of tow services, time and location of call. A statement of services provided and fee for same shall be furnished to the motorist. 2. Tow records maintained by BPD can be reviewed upon notice and during regular business hours, by tow company owners with the permission of any of the following: the Chief of Police, Operations Division Commander, or Director of Traffic of BPD. 3. All tow companies on the BPD rotation tow list shall retain the records of stored vehicles and notices as required by California Vehicle Code and Civil Code, in particular Vehicle 9 1 have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) Code Sections 10650,10652, 10652.5, 10653, and 22851 and Civil Code Sections 3071, 3072, and 3073 . 4. All tow companies shall furnish the Chief of Police a copy of the form that the tow company is required to furnish the Department of Justice by registered mail of the storage of vehicles over thirty (30) days. 5. All tow companies shall retain and maintain all of the records required to be retained and maintained under the provisions of this policy for a minimum of three (3) years following the date of service. All tow companies shall make all of the records required to be retained and maintained under the provisions of this policy available for inspection by BPD at any time. J. FEE SCHEDULE: 1. Towing of a disabled vehicle from the scene of an accident at any time of day or night..............$200.00. This Fee shall include: a. The use of a winch, torches or hydraulic jacks to right, separate, or pull vehicles at the scene of an accident. b. Disconnection and re -connection of drive shaft when required in towing. c. The use of a Wheel Lift 2. Towing of an unattended vehicle from a public street, or an abated vehicle when authorized by a police officer or other authorized employee; i.e., tow -away zones, traffic hazard, arrests........................................................................................................ $200.00 These charges shall include any charge for unlocking a vehicle when necessary. 3. Use of dolly or Flat Bed in lieu of dolly.....................................................................$ 30.00 In order to be entitled to payment for dolly use, the need for use of the dolly must be documented on Form CHP 180 and initialed by the tow driver and a BPD police officer at the scene. The tow driver is responsible for obtaining an officer's initials. If a flat bed is used in lieu of a dolly, this must also be documented by a BPD officer and tow driver at the scene. An officer's initials are not required if the tow is not subject to the rotation tow list. It is the tow driver's responsibility to clearly articulate to the officer at the scene, the reason for using the flat bed as a substitute for dollies. Use of a flat bed alone does not justify an additional fee. Only the use of a flat bed in a dolly situation justifies the additional fee. 4. Extraordinary Services When, in connection with towing services, a tow company engaged in towing services under the BPD rotation tow list and these rules and regulations, incurs expenses or furnishes services that have not been provided for, and they appear to be reasonably 10 I have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) necessary under the circumstances, (s)he may submit written application for approval of higher fees to the Director of Traffic, with a copy to the vehicle owner. The vehicle owner shall have seven (7) calendar days to respond in writing to the Director of Traffic regarding the increased fee request. The Director of Traffic shall then issue a final decision. 5. Storage for each twenty-four (24) hour period or fraction thereof in excess of the first four (4) hours following towing to a place of storage. Enclosed or open storage..................................................................................... $ 70.00 6. Exception for Heavy Vehicles For services or materials furnished in towing or storing vehicles over one ton load capacity, and based on difficulty and equipment required, the following rates and fees shall apply: a. Class B Truck $300.00 b. Class C Truck $375.00 c. Class D Truck $400.00 d. Storage for Heavy Vehicles $60.00 (Subject to same rules as standard vehicle) e. For Heavy Vehicles in excess of 20' the tow operator may charge $75.00 per 20 feet, in lieu of but not additional to flat rate. 7. Use of forklift to remove vehicles from storage... 8. Gate fee ............................................. ........................ $50.00 ..........$ 100.00 A Gate Fee may be charged to a vehicle owner or his authorized agent, by the storing tow company, for providing after-hours access to the storage yard for purposes of release of vehicle or other access, such as for retrieval of personal items or appraisal. "After hours" for purposes of the gate fee means between 5 p.m. and 8 a.m. on Mondays through Fridays, and any time on Saturdays, Sundays, and holidays. Holidays are January 1, the third Monday in January; the third Monday in February, the last Monday in May, July 4, the first Monday in September, the second Monday in October, November 11, the fourth Thursday in November, and December 25. 9. A copy of this fee schedule shall be prominently posted in the public area of the principal place of business of each person in the tow business that is on the BPD rotation tow List so as to be easily read by members of the public. 11 1 have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) K. FAILURETOOBEY: 1. Failure to obey the requirements, conditions, or fees specified within these regulations or the amendments thereto shall result in the following penalties: a. 1st offense within a calendar year, removal from rotation for 30 days. b. 2nd offense within (1) one year of the first offense, removal from rotation for 90 days. c. 3rd offense occurring within (1) one year of the first offense, removal from the rotation list. Business may reapply for placement on the rotation list after 12 months from date of suspension. 2. Notwithstanding the suspensions specified above, if the BPD determines that a tow company has violated (B) above, the tow company shall be suspended from the rotation list for a period of three (3) years, at which time the tow company may apply for reinstatement. 3. A suspended tow company and its owners shall not be eligible for placement on the rotation list for the duration of the suspension. This provision applies to an owner working in any capacity within any tow company, and as to a tow company, even if operated under new owners. 4. In the event that the BPD determines that disciplinary action is appropriate, the Department shall provide notice of the proposed discipline to the tow company owner. The tow company owner may request a hearing within seven (7) calendar days by submitting a request in writing to the Chief of Police. The hearing shall be conducted by the Chief of Police or the Chief's designee. The tow company shall be entitled to present evidence in support of the tow company's position. The Chief of Police or the Chief's designee shall notify the tow company of the decision on the appeal within ten (10) days of the completion of the hearing. The decision of the Chief of Police or the Chief's designee shall be final and conclusive on the tow company. 12 I have read and understand the RTTR: Initials D1 1 ToWING, IINTC. 1457 Rollins Road Burlingame, CA. 94010 Phone: (650) 348-7474 Fax: (650) 348-2401 August 2°0, 2008 TO: Sergeant Dean Williams Burlingame Police Department 1111 Trousedale Drive Burlingame, CA 94010 RE: Burlingame Police Department Rate Increase Proposal Please allow this letter to serve as an application on behalf of D&M Towing, Inc. and Tresser's Towing to the City of Burlingame and the Burlingame Police Department for an adjustment of vehicle towing and storage rates that were last adjusted in 2005. This application for a request in increases in towing and storage rates is due to the following state of affairs: I _ Lack of vehicle storage space in Burlingame has lead to dramatic increases in storage lot rental costs. D&M has incurred a 14% increase and Tresser's Towing has incurred an 122% increase since the year 2005. 2. Overhead costs have increased, particularly the rising cost of fuel. Currently it is costing our companies an average of $5.00 a gallon for diesel fuel. From 2005 to 2007 diesel fuel has increased 6.6%, and from 2007 until present, diesel fuel has increased 51.0%. (www.eia.doe.gov/steo) 3. D&M Towing, Inc. and Tresser's Towing seek to bring the vehicle towing and storage rates for the City of Burlingame more closely in line with customary and usual rates charged within the surrounding communities along with those charged in connection with the California Highway Patrol for authorized vehicle impounds, towing and storage. The surrounding cities (which include Millbrae, San Mateo, Hillsborough, Foster City, San Bruno, San Carlos, Belmont, Colma, as well as both the San Francisco and Redwood City Division of the California Highway Patrol) have the following average of towing, storage, and other fees: [Depiction of Average cost] Tow = $215.00 Storage = $70.00 Gate Fee = $100.00 Drop Fee = $105.00 Proposed New Fee Schedule: Towing of a disabled vehicle from the scene of an accident, day or night $200.00 (Chargeable hourly rate, min. I hour) This fee includes: a. The use of winch and/or lock cutters to separate or pull vehicles at the scene of an accident. b. Disconnection and reconnection of drive shaft when required in towing. c. The use of a "sling." 2. Towing of an unattended vehicle from a public street, or and abated vehicle when $200.00 authorized or requested by a Police officer or other authorized employee of the City of Burlingame; i.e. tow -away zones, traffic hazards, and arrests. These calls are on a priority basis and we enforce the importance of a 10-15 minute response time. The aforementioned charges shall include any charge for unlocking a vehicle when necessary. 3. Extraordinary Services: a. Use of a dolly or flatbed $30.00 (In the current rate schedule, these services were an additional $30.00 charge) b. When, in connection with towing services, a person engaged in towing under these rules and regulations, incurs expenses or famishes services that have not been provided for, and they appear to be reasonably necessary under the circumstances, he/she may submit a written application for higher feel to the Director of Traffic. c. Use of a forklift of other means - for purpose to move an $50.00 inoperable, abandoned, stored vehicle, or vehicle that has sustained major damages disabling it from movement under it's own power. This will assist with the removal from the storage facility area to an accessible location enabling salvage and insurance companies and/or other companies to retrieve vehicles with car carriers and/or trucks with limited maneuverability. This fee would only be chargeable after the first 72 hours of storage. 4. A vehicle stored 24 hours or less shall be charged no more than one day of storage $65.00 pursuant to Section 3068.1(a) of the Civil Code (CC). a. If the vehicle is released from storage after 24 hours has lapsed, charges may be allowed on a full, calendar -day basis for each day of storage, or part thereof pursuant to Section 3068.1.(a) CC. 5. Exception for Heavy Vehicles $300.00 The above maximum charges shall not apply to services or materials furnished in towing or storing vehicles 1 ton and heavier. In those situations, where heavy duty equipment is required, prevailing commercial rates apply. 6. Gate Fee $100.00 No fee shall be charged for the release of personal property during normal business hours pursuant to Section. 2-258l(b) VC. However, the maximum charge for atter hours releases shall be one-half the hourly tow rate charged for initially towing the vehicle pursuant to Section 22851(b)VC. The forgoing proposed rate schedule would bring the rates charged by D&M towing, Inc. and Tresser's Towing more closely in line with the surrounding communities and the California highway Patrol. We wish to also mention, that in order to serve the City of Burlingame and provide a timely and professional response required, D&M Towing, Inc. and Tresser's Towing J) have to maintain at least one driver on -shift at all times, day and night, including weekends and = holidays. Upon request, we also provide more then one driver in the event the situation call for it. The above rates are requested to maintain the continuing high level and quality of service and employee training offered by D&M Towing, Inc. and Tresser's Towing to not only the City of Burlingame and Burlingame Police Department but also to it's residents and visitors. We look forward to continuing our service to the City and its Police Department. Please do not hesitate to contact the undersigned should you have any questions concerning this request. Regards, Sean Fisher General Manager D&M Towing, Inc. Nicole Rochette, Owner D&M Towing, Inc. 1457 Rollins Rd. Burlingame, CA 94010 Phone: (6 50) 348-7474 Fax: (650) 348-2401 Nicole@dandmtow.com 'ZW Nicholas Loveland Owner Tresser's Towing 1307 N. Carolan Ave. Burlingame, CA 94010 Phone: (650) 341-5653 Fax: (650) 697-8181 Tresserstowing@yahoo.com