(A) Purpose. The purpose of this section is to authorize the City of San Gabriel to grant non-exclusive towing franchises to one or more qualified tow service operators, in accordance with § 12110 of the Vehicle Code and other applicable law.
(B) Findings. The franchise services agreement applies to the Police Department’s towing program and does not cover and has no effect on privately requested tow services. The grant of a non-exclusive towing franchise to one or more towing operators for towing vehicles on behalf of the city’s Police Department is in the public interest.
(C) Approval and authorization.
(1) The City Council hereby authorizes the City Manager, or his or her designee, to execute on behalf of the city and in accordance with the San Gabriel Municipal Code, non-exclusive tow franchise agreements with eligible tow operators.
(2) The City Manager shall use the tow franchise agreement form most recently approved by duly adopted resolution by the City Council. The industry standard form franchise agreement shall set forth the franchise fee, performance standards for service adopted by the City Police Chief and other terms and conditions that are consistent with the purpose and intent of this section.
(3) The city shall prepare and release an RFQ to identify qualified service operators that will detail tow operator eligibility and other requirements that must be satisfied to be considered for award of a tow franchise. The Police Chief will recommend eligible operators to the City Manager for award of non-exclusive tow franchises, subject to review and approval by the City Council.
(4) The city may collect franchise fees from tow franchisees in an amount set by duly adopted City Council resolution, as amended from time to time, pursuant to Cal. Vehicle Code § 12110, Subdivision (b), provided that such fees may not exceed the amount necessary to reimburse the city for its actual and reasonable costs incurred in connection with the Police Department’s towing program.
(5) The Police Chief is hereby authorized to adopt rules for towing operators regarding standards for service, hours of operations, etc. to ensure that the purposes of the grant of these non-exclusive franchises are achieved.
(6) The City Council may by duly adopted resolution approve and amend tow franchise agreement forms and maximum rates that may be charged by tow franchisees for services provided pursuant to the Police Department’s towing program and this section.
(Ord. 664, passed 6-16-20)