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HomeMy WebLinkAbout08-65 - Adopting Tow and Related Services Maximum Rate ScheduleRESOLUTION NO. 08-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING TOW AND RELATED SERVICES MAXIMUM RATE SCHEDULE FOR TOW SERVICE OPERATORS DOING BUSINESS IN THE CITY OF COSTA MESA PURSUANT TO SECTION 9-293 OF THE COSTA MESA MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Costa Mesa has established regulations for.certain towing services under the provisions of Title 9, Article 18, Section 9-271, et seq; WHEREAS, Section 9-293 of the Costa Mesa Municipal Code sets forth provisions whereby the City Council may from time to time adopt by resolution a maximum rate schedule applicable to the towing services covered by Article 18 of Title 9; and WHEREAS, Section 9-293 of the Costa Mesa Municipal Code further provides that the rate schedule will be at a level to ensure competition, provide a fair return on investment, and provide a high quality tow service to the public; and WHEREAS, the current adjusted rate schedule is shown on Exhibit "B", attached and incorporated herein; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa, California, does hereby adopt the adjusted rate schedule and authorize that this resolution shall take effect and be in full force immediately. BE IT FURTHER RESOLVED that the fees established by the City Council in this resolution shall be. subject to automatic annual adjustments in proportion to the percentage change in the Consumer Price Index ("CPI"), All Items, for All Urban Consumers in the Los Angeles -Anaheim -Riverside. Area for the preceding year, whichever is greater, promulgated by the Bureau of Labor Statistics of the U.S. Department of Labor. In no event shall the annual adjustment to the towing fees exceed 5 percent (5%) in any adjustment period. The automatic adjustments shall commence on June 1, 2009, and shall continue every year thereafter on the same date. The automatic adjustments shall be calculated by means of the following formula: A=Bx(C/D) A = Adjusted Fees B = Base fees as originally set by the City Council. C = Monthly index for the third month prior to July) of each year in which each fee rate adjustment is to become effective. D = Monthly index for the month of the Effective Date of the City's Tow Policy Guidelines. In the event that the CPI is not issued or published, for the period ' for which such minimum encroachment fee is to be adjusted and computed hereunder, or in the event that the Bureau of Labor Statistics of the United States Department of Labor should cease to publish said index figures, then any similar index published by any other. branch or department of the United States Government, shall be used; and if none is so published, then another index generally recognized and authoritative shall be agreed upon by the City and the two service operator. The tow service provider may request a rate increase over and above the. CPI increase no more often than once per year. Any such request must be made no later than December 1St of each year and each request shall specifically detail the basis of the fee request. No such fee request shall take effect until a new resolution establishing such rates has been approved. PASSED AND ADOPTED this 2nd day of September, 2008. ATTEST: . C16�? Ju Folcik, City Clerk Eric R. Bever, Mayor APPROVED AS TO FORM: r ' -AA Kimberly Hall Barlow, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of .Resolution No. 08-65 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 2nd day of September, 2008, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: BEVER, MANSOOR, DIXON, FOLEY, LEECE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 3rd day of September, 2008. JU E FOLCIK, CITY CLERK (SEAL) City of Costa Mesa Tow Service and Rate Schedule August 19, 2008 Exhibit "B" Resolution No. Services Adjusted* Basic Tow $134.00 Flatbed or Medium Duty Tow $147.00 .Heavy Duty Tow $260.00 Motorcycle Tow $147.00 Outside Storage Car $35.00 Inside Storage Car $45.00 Outside Storage Truck $45.00 Inside Storage Truck $51.00 Motorcycle Storage $22.00 Tow Dolly $45.00 R &R Linkage/ Driveshaft $22.00 RolloverMinching $51.00 Hourly Labor $134.00 After Hours Release $45.00 Hazardous Materials $45.00 Service Call Minimum $60.00 On -Scene Release 1/2 of applicable tow rate * Effective May 2008