(A) Timing. At least every five (5) years, the Police Chief shall determine the number of authorized towing contractors needed to provide non-consensual towing services to the city. Notwithstanding anything to the contrary contained in this chapter, the Police Chief may review the number of authorized towing contractors needed to provide non-consensual towing services to the city more frequently than every five (5) years and may make a determination that fewer or additional authorized towing contractors are needed.
(B) Criteria. The Police Chiefs determination shall be based upon the appropriate number of authorized towing contractors that may be required by the public convenience and necessity and for the efficient operation of the Police Department. In determining the required number of authorized towing contractors, the Police Chief shall consider the following factors:
(1) The operational needs of the Police Department;
(2) The population of the city;
(3) The current land area of the city;
(4) The number of current authorized towing contractors and their average response times;
(5) The administrative burdens created by the number of authorized towing contractors to be included on the rotation list; and
(6) Other relevant, objective factors as determined by the Police Chief.
(C) Determination by Police Chief. The Police Chief s determination shall be made in writing and shall include the number of authorized towing contractors to be selected and a brief statement as to reasons for the Police Chiefs determination. Notwithstanding anything to the contrary contained in this chapter, the Police Chief may also determine that the current number of authorized towing contractors is sufficient to serve the city for an additional period of time to be determined by the Police Chief. If the Police Chief determines that the current number of authorized towing contractors is sufficient or that fewer authorized towing contractors are needed, the Police Chief is not required to complete the request for proposal process set forth in § 5.52.060 and may extend the existing towing service agreements of all or some of the current authorized towing contractors.
(D) Notice. The Police Chiefs written determination shall be attached to the rules and specifications and shall be posted for a period of ten days in the same manner that city meeting agendas are posted.
(E) Appeal to City Manager. Within ten calendar days of such determination and posting, any interested person may submit a letter to the City Clerk requesting that the City Manager review the Police Chiefs determination regarding the number of authorized towing contractors to be selected. The letter shall include information demonstrating why the public convenience and necessity require selecting additional or fewer authorized towing contractors, and shall be based upon the factors contained in division (B) above. Within 30 calendar days of receipt of the letter, the matter shall be set for an appeal hearing before the City Manager. The City Manager, in his sole discretion, may refer such appeal hearing and decision to an impartial hearing officer, provided the hearing officer follows all provisions of this chapter for the conduct of the hearing. All existing authorized towing contractors shall be notified by letter at least five days prior to any such hearing. No change in the number of authorized towing contractors shall be implemented until the City Manager or hearing officer have heard the appeal and rendered a decision. The decision of the City Manager or hearing officer shall be in writing and shall be final.
(F) Appeal criteria. In determining whether to uphold the Police Chiefs determination, the City Manager or hearing officer shall consider the factors contained in division (A) above.
(G) Change in numbers at other times. Nothing in this section shall prohibit the Police Chief, City Manager or hearing officer from determining at any time that the public convenience and necessity require the selection of additional authorized towing contractors or the extension of existing towing service agreements between the city and current authorized towing contractors, upon finding that circumstances and conditions exist that necessitate the selection of additional authorized towing contractors or the extension of existing towing service agreements for the efficient operations of the Police Department.
(Ord. 3194 § 1 (part), 2015.)