HomeMy WebLinkAbout15. Approve PH Date and Adopt Reso for Granting of Towing and Storage Services Franchisesnem n4o.
CITY MANAGER
TO.- HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM- OFFICE OF THE CITY MANAGER
BY: CARL CHARLES, CHIEF OF POLICE
DATE- JUNE 26, 2018
SUBJECT' REQUEST TO APPROVE PUBLIC HEARING DATE AND TIME FOR GRANTING
OF TOWING AND STORAGE SERVICES FRANCHISES
That the City Council take the following actions:
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2. SET PUBLIC HEARING FOR GRANTING THE FRANCHISE AGREEMENTS FO
TOWING AND STORAGE SERVICES FOR JULY 10, 2018. 1
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In July 2015, the City approved three-year towing agreements with United Towing Service, Inc.
and Titan Transportation, Inc. that will end June 30, 2018.
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On May 3, 2018, the City of Downey sent out a notice for a Request for Formal Proposals (RFP)
for a non-exclusive franchise agreement for towing and storage services. Two (2) companies
returned proposals by the deadline of June 14, 2018. Subsequently, the Police Management
Staff evaluated, rated and ranked the two (2) proposals as required in the RFP.
In accordance with Downey City Charter Section 1403, a public hearing is required to declare
the intention to grant a franchise agreement to United Towing Service, Inc. and Titan
Transportation. It is requested that the City Council adopt the resolution setting the public
hearing for July 10, 2018. This public hearing will be advertised in the Downey Patriot on June
29, 2018 to meet the requirement of being advertised at least once, not less than 10 days prior
to said hearing in the official newspaper.
There is no fiscal impact to the General Fund,
Attachment., Resolution
,ESOLUTION NO. 18-
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WHEREAS, pursuant to California Vehicle Code section 22660, the City of Downey has the
authority to grant -a franchise to a tow truck operator for towing and storage services required for the
abatement and removal as public nuisances, of abandoned, wrecked, dismantled, or inoperative
vehicles or parts thereof from private or public property within the boundaries of City;
WHEREAS, California Vehicle Code section 12110(b) allows the City of Downey to require a
fee in connection with the award of a franchise for towing vehicles on its behalf provided that the fee
does not exceed the amount necessary to reimburse theCityfor its actual and reasonable costs
incurred in connection with the towing program;
WHEREAS, Chapter 12 of Article VI of the Downey Municipal Code establishes a Towing
Service Franchise Program which authorizes the City Council to grant, at its discretion, a
nonexclusive franchise to one or more tow truck operators to provide towing and storage services to
the Downey Police Department and to charge a franchise fee pursuant to a franchise agreement;
WHEREAS, on May 3,2018; the Downey Police Department, at the direction of the Police
Chief, issued a Request for Proposal for towing and storage services;
WHEREAS, the Downey Police Department, along with the Police Chief, have evaluated the
qualifications of the tow truck operatorssubmitting proposals, and will forward to the City Council for
consideration the qualifications of the tow truck operators most qualified together with franchise
agreements at a public hearing on the date and time set by this Resolution; and
WHEREAS, such franchise agreements will be for a term of three years commencing on
July 10, 2018; and
WHEREAS, the franchise agreements contain, at minimum, the following;
(a) Storage yard facility requirements;
(b) Tow truck and tow service -related equipment requirements;
(c) Standards and criteria for the handling and safeguarding of vehicles in the care and
custody of the tow truck operator;
(d) The terms and conditions of release or disposal of vehicles
(e) Establish maximum allowable rates and charges for towing and storage of vehicles;
(f) Tow truck driver qualification and training standards;
(g) Standards for the keeping, maintaining and disclosure of records and reports by the
tow truck operator;
(h) The term of the franchise agreement;
(i) The conditions of a franchise's suspension, termination or nonrenewal; and
(j) An indemnification provision and minimum insurance coverage requirements
RESOLUTION
PAGE
WHEREAS, the franchise fee charged to the tow truck operatorsunder the franchise
agreement will be twenty (20) percent which fee does not exceed the amount necessary to
reimburse the City for its actual and reasonable costs incurred in connection with the towing
program; and
WHEREAS, the City Council may, in its sole and absolute discretion, approve, deny or
condition the approval of any such request.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That consistent with the provisions of the Downey Municipal Code Article VI
Chapter 12, it is the intention of the City Council of the City of Downey to grant franchise
agreements for towing and storage services for the Downey Police Department.
SECTION 2. Notice is hereby given that on July 10, 2018 of 6:30 p.m. in the Council
Chambers of Downey City Hall located at 11111 Brookshire Avenue, Downey, California, all
interested persons may appear before the City Council and be heard concerning the granting of this
franchise and all other matters relating thereto. Protests stating objections against the granting of
the franchise may be in writing and must be filed with the City Clerk prior to the conclusion of the
hearing.
SECTION 3. The City Clerk shall cause notice of the hearing to be given by causing the
notice to be posted and published in a newspaper of general circulation.
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
RESOLUTION NO.
PAGE THREE
SEAN ASHTON, Mayor
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MARIA ALICIA DUARTE, CIVIC, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the
City of Downey at a regular meeting thereof held on the 26 th day of June, 2018, by the following
vote, to wit:
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